^;>4' ^ai,^A,^ 



the; general school laws' 



OF THB 



State of North Dakota 



COMPRISING ALL THE LAWS IN FORCE 



Pertaining to Public Sr//ooIs] Stat^ Educational Institutions, 

School Lands and Pnblic Lands Appropriated to the 

Use of the State Educational Institutions, icith 



APPEN DICES 



COMPUTED AT THE OFFICE OF THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION 
Ju.ne, 1901. 



PUBLISITKD BY AUTHORITY 



BISMARCK, N. D,: 
PRESS OF THE TRIBUNE 
1901. 



M^'-' 






THE ge)ni:ral school laws 



OF THE 



State of North Dakota 



COMPRISING ALL THE LAWS IN FORCE 

Pertaining to Public Schools, State Educational Institutions^ 

School Lands and Public Lands Appropriated to the 

Use of the State Educational Institutions, with 

APPENDICKS 



COMPUTED AT THE OFFICE OF THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION 

June, 1901. 



PUBLISHKD BY AUTHORITY 



BISMARCK, N. D.: 
PRE^S OF THE TRIBUNE 

1901. 



\ ^ 






MAY 17 1905 
D.ofD, 



THIS VOLUME IS STATE PROPERTY 

And is for the use of 

of School District No 

County of , State of North Dakota. 



School officers on retiring from office are required by law to 
deliver this volume, ^ith all other books and documents of an 
official character, to their successors in office. 



INTRODUCTORY. 



This compilation of the General School Laws is authorized by 
section 631 of the Revised Codes of 1899, and is designed to in- 
clude all iprovisions relating to education at present in force 
which make the laws governing the complete school system of 
the staite. It embraces the laws pertaining to the public schools, 
the state educational institutions, and the lands approipriated to 
the use of the public schools and the state educational institu- 
tions. 

The compilation contains all general laws in full as appear in 
the code, amended or extended by the legislative asisembly of 1901. 
Special acts are referred to by title only. 

iSpecial laws, designated by title only, laws pertaining to specu- 
lation in oflSce and to penalty for failure to make reports, the 
filing of bond of school district treasurer, bonds for labor and 
material for public buildings and the decisions of the supreme 
court of the territory of Dakota and of the state of North Dakota 
j»ertaining to school matters are to be found in the appendices. 

:A calendar will also be found in the appendices which may be 
of assistance to school officers in the timely discharge of their 
duties. 

J. M. DEVINE, 
Superintendent of Public Instruction. 

Bismarck, N. D., June 1, 1901. 



CONSTITUTIONAL PROVISIONS. 

[Adopted October 1, 1889.] 



PREAMBLE. 



We, the peoiple of North Dakota, grateful to Almighty God for 
Ihe blessings of civil and religious liberty, do ordain and estab- 
lish this Constitution. 

ARTICLE II. 

THE LEGISLATIVE DEPARTMENT. 

Sec. 69. The legislative assemhly shall not pass local or spe- 
cial laws in any of the following enumerated cases, that is to 

say: 

* * * * * * 

12. Providing for the management of comimon schools. 
ARTICLE UL 

EXECUTIVE DEPARTMENT. 

Sec. 82. There shall be chosen by the qualified electors of the 
state at the time and places of choosing- mem'bers of the legisla- 
tive assembly a * * * superintendent of public in- 
struction * * * ^jjQ giiall have attained the age of 
twenty-five years, shall be a citizen of the United States, and 
shall have the qualifications of state electors. They shall sever- 
ally hold their ofiices at the seat of government for the term of 

two years and until their successors are elected and duly qualified. 
* » * 

Sec. 83. The powers and duties of the * * superin- 
tendent of public inistruction, * * shall be as pre- 
scribed by law. 

Sec. 84. Until otherwise provided by law, the * * 
superintendent of public instruction * * shall each 

receive an annual salary of $2,000; * * but the salary 
of any of said officers shall not be increased or diminished during 
the period for which they shall have ibeen elected, and all fees 
and profits arising from any of the said offices shall be covered 
into the state treasury. 



GENERAL SCHOOL LAWS, 



ARTICLE V 



ELECTIVE FRANCHISE. 



!Sec. 121. Every male person of the age of twenty-one years or 
upwards belonging to either of the following classes, who shall 
Jiave resided in the state one year, in the county six months and 
in the precinct ninety days next preceding any election, shall be 
deemed a qualified elector at such election. 

First — Citizens of the United States. 

Second — Persons oif foreign birth who shall have declared their 
intention to become citizens one year and not more than six years 
prior to such election, conformably to the naturalization laws of 
the United States. 

Third — Civilized persons of Indian descent who shall have sev- 
ered their tribal relation two years next preceding such election, 

Sec. 123. Electors shall in all cases except treason, felony, 
breach of the peace or illegal voting, be privileged from arrest on 
the days of election during their attendance at, going to and 
returning from such election, and no elector shall be Obliged to 
perform military duty on the day of election except in time of 
war or public danger. 

Sec. 125. {N'o elector shall be deemed to have lost his residence 
in this state by reason of his absence on business of the United 
States or oif this state, or in the military or naval service of the 
United States. 

Sec. 12(). No soldier, seaman or marine in the army or navy of 
the United States shall be deemed a resident of this state in con- 
sequence of his being stationed therein. 

Sec. 127. No person who is under guardianship, non compos 
mentis or insane, shall be qualified to vote at any election, nor 
shall any person convicted of treason or felony, unless restored 
to civil rights. 

iSec. 128. Any woman having qualifications enumerated in 
sectiom 121 of this article as to age, residence and citizenship, 
iind including those now qualified by the laws of the territory, 
may vote for all school officere, and upon all questions pertaining 
solely to school matters, and be eligible to any school office. 

iSec. 129. All elections by the people shall be by secret ballot 
subject to such regulations as shall be provided by law. 

ARTICLE VIII. 

EDUCATION. 

iSec. 147. A high degree of intelligence, patriotism, integrity 
and morality on the part of every voter in a government by the 



STATE OF NORTH DAKOTA. 



people ibeing necessary in order to insure the continuance of that 
government and the prosperity and happiness of the people, the 
legislative assemibly shall make provision for the establishment 
and maintenance of a system of public schools which shall be 
open to all children of the state of North Dakota and free from 
sectarian control. The legislative requirements shall be irre- 
vocable without the consent of the United States and the people 
of North Dakota. 

Sec. 148. The legislative assembly shall provide at its first ses- 
sion after the adoption of this Constitution for a uniform system 
of free pulblic schools throughout the state; beginning with the 
primary and extending through all grades up to and including the 
normal and collegiate coiurse. 

Sec. 149. In all schools instruction shall be given as far as 
practicable in tho'se ^branches of knowledge that tend to impress 
upon the mind the vital importance of truthfulness, temperance, 
])urity, public spirit, and respect for honest labor oi every kind. 

Sec. 150. A siuperintendent of schools for each county shall be 
•elected every two years, whose qualifications, duties, powers and 
compensation shall be fixed by law. 

Sec. 151. The legislative assemibly shall take such other steps 
as may be necessary to prevent illiteracy, secure a reasonable 
degree oif uniformity in co'urse of study and to promote industrial, 
scientific and agricultural improvement. 

Sec. 152. All colleges, universities and other educational insti- 
tutions, for the support of which lands have been granted to this 
state, or which are supported by a public tax, shall remain under 
the absolute and exclusive control ot the state. No money raised 
for the support of the public schools of the state shall be appro- 
priated to or used for the support of any sectarian school. 



ARTICLE IX. 



SCHOOL AND PUBLIC LANDS. 



Ste^c. 153. All proceeds of the public lands that have heretofore 
been or may hereafter be granted by the United States for the 
support of the common schools in thts state; all such per centum 
as may be granted by the United States on the sale of public 
lands; the proceeds of property that shall fall to the state by 
<ischeat; the proceeds of all gifts and donations to the state for 
common schools, or not otherwise appropriated by the terms of 
the gift, and all other property otherwise acquired for common 
schools, shall he and remain a perpetual fund for the mainte- 
nance of the common schools of the state. It shall be deemed a 
tiust fund, the principal of which shall forever remain inviolate, 



10 GENERAL SCHOOL LAWS, 

and may be increased but never diminished. The state shall 
make goiod all losses thereof. 

Sec. 154. The interest and income of this fund, together with, 
the net proceeds of all fines foir violation of state laws, and all 
other sums which may be added thereto by law, shall be faith- 
fully used and applied each year for the benefit of the common- 
schools of the state, and shall be for this purpose apportioned 
among and between all the several common ischool corporations 
of the state in iproportion to the number of children in each of 
school age, as may be fixed by law, and no part of the fund shall 
ever be diverted even temporarih^ from this purpose, or used for 
any other purpose whatever than the maintenance of common 
schools for the equal benefit of all the people of the state; pro- 
vided, however, that if any portion oif the interest or income 
aforesaid be not expended during any year, said portion shall be 
added to and become a part of the school fund. 

Sec. 155. After one year fromi the assembling of the first leg- 
islative assemibly, the lands granted to the state from the United 
States for the support of the common schools, may be sold uipon 
the following conditions, and no other: Xo more than one-fourth 
of all such lands shall be sold within the first five years after the 
same 'become saleable by virtue of this section. No more 
than one-half of the remainder within ten years after the same 
become saleable as aforesaid. The residue may be sold at any 
time after the expiration of said ten years. The legislative as- 
semlbly shall provide for the sale of all school lands subject to 
the provisions of this article. The coal lands of the state shall 
never be sold, but the legislative assembly may bj^ general laws 
provide for leasing of the same; the words "coal lands" shall in- 
clude lands bearing lignite coal. 

Sec. 156. The superintendent of pufblic instruction, governor, 
attorney general, secretary of state and state auditor shall con- 
stitute a board of commissioners, which shall 'be dominated the 
''Board of University and School Lands," and subject to the pro- 
visions of this article and any law that may be passed by the 
legislative assemibly, said board shall have control of the ap- 
praisement, sale, rental and disposal of all school and university 
lands, and shall direct the investment of the funds arising there- 
from in the hands of the state treasurer, under the limitations 
m section 160 of this article. 

Sec. 157. The county superintendent of coimmon schools, the 
chairman of the county board and the county auditor shall con- 
stitute boards of appraisal, and under the authorit^^ of the state 
board of university and school lands shall appraise all school 
lands within their respective counties, which they may from time 
to time recommend for sale at their actual value, under the pre- 



STATE OF NORTH DAKOTA. H 



scribed terms, and shall first select and designate for sale the 
moist valuable lands. 

Sec. 158. No lands shall be sold for less than the appraised 
value, and in no case for less than ten dollars per acre, [the 
purchaser shall pay one-fifth of the price in cash, and the remain- 
ing four-fifths as follows: One-fifth in five years, one-ifijfth in ten 
years, one-fifth in fifteen years and one-fifth in twenty years, with 
interest at the rate of not less than six per centum, payable an- 
nually in advance. All sales shall be held at the county seat of 
the county in which the land to be sold is situate, and shall be 
at public auction, and to the highest bidder, after sixty days'^ 
advertisement of the same in a newspaper of general circulation 
in the vicinity oif the lands to be sold, and one at the seat of gov- 
ernment. Such lands as shall not have been specially subdi- 
vided shall be offered in tracts of one-quarter section, and those 
so subdivided in the smallest subdivisions. All lands designated 
for sale and not sold within two years after appraisal shall be 
reappraised before they are sold. No grant or patent for any 
such lands shall issue until payment is made for the same; pro- 
vided, that the lands contracted to 'be sold by the state shall be 
subject to taxation from the date of such contract. In case the 
Taxes assessed against any of said lands for any year remain un- 
paid until the first Monday in October of the following year, then 
and thereupon the contract for sale of such lands shall become 
null and void. 

Sec. 159. All lands, money or other property, donated, granted 
or received from the United States or any other source for a uni- 
versity, school of mines, reform school, agrioultural college, deaf 
and dumb asylum, normal school, or other educational or chari- 
table institution or purpose, and the proceeds of all such lands 
and other property so received from any source, shall be and re- 
main perpetual funds, the interest and income of which to- 
gether with the rents of all such lands as may remain unsold^ 
shall be inviolably appropriated and applied to the specific ob- 
jects of the original grants or gifts. The principal of every such 
fund may be increased but shall never be diminished, and the 
interest and income only shall be used. Every such fund shall 
be deemed a trust fund held by the state, and the state shall 
make good all losses thereof. 

Sec. 160. All lands mentioned in the preceding section shall 
be appraised and sold in the samie manner and under the same 
limitations and subject to all the conditions as to price and sale 
as provided above for the appraisal and sale of lands for the bene- 
fit of coimmon schools; but a distinct and separate account shall 
be kept by the proper officers of each of said funds; provided, 
that the limitations as to the time in which school lands may be 



12 GENERAL SCHOOL LAWS, 

^old shall apply only to lands granted for the support of common 
schools. 

Sec. 161. The legislative assembly shall have authority to pro- 
vide by law for the leasing of lands granted to the state for edu- 
cational and charitable purposes ; but mo such law shall authorize 
ihe leasing of said lands for a longer period than five years. Said 
/ands shall only be leased for pasturage and meadow purposes 
iind at a public auction after notice as heretofore provided in case 
of sale; provided, ttiat all of said school lands now under culti- 
vation may be leased at the discretion and under the control of 
the board of university and school lands for other than pastur- 
t^ge and meadow purposes until sold. All rents shall be paid in 
advance. 

Sec. 162. The moneys of the permanent school fund and other 
educational funds shall be invested only in ibonds of school cor- 
porations within the state, bonds of the United States, bonds of 
the state of North Dakota, or in first mortgages on fanni lands in 
the state not exceeding in amount one-third of the actual value 
of any subdivision on which the same may be loaned, such value 
tio be determined by the board of appraisers of sichool lands. 

Sec. 163. No law shall ever be ipassed by the legislative assem- 
Tdy granting to any person, corporation or aissociation any privi- 
leges by reason of the occupation, cultivation or improvement of 
any public lands by said person, corporation or association sub- 
t^eqiuent to the survey thereof by the general governiment. No 
claim for the oocupation, cultivation or improvement of any pub- 
lic lands shall ever be recognized, nor shall such occupation, 
cultivation or improvement of any public lands ever be used to 
diminish, either directly or indirectly, the purchase price of said 
lands. 

Sec. 161. The legislative assembly shall have authority to pro- 
vide by law for the sale or disposal of all public lands that have 
l>een heretof oi*e, or may hereafter be granted by the United States 
to the state for purposes other than set foi'th and named in sec- 
tions 153 and 159 of this article. And the legislative assemibly, 
in piroviding for the appraisement, sale, rental and disposal of 
the same, shall not be subject to the provisions and limitations 
of this article. 

Sec. 165. The legislative assennbly shall pass suitable laws for 
the safe-keeping, transfer and disbursement of the state school 
funds, and shall require all officers charged with the same or the 
safe-keeping thereof to give aimple ibonds for all moneys and funds 
I'eceived by them, and if any of said officers shall convert to his 
owm luse in any manner or form, or shall loan, with or without 
interest or shall deposit in his own name, or otherwise than in 
the name of the state of North Dakota, or shall deposit in any 
banks or with any person or persons, or exchange for other funds 



STATE OF NORTH DAKOTA. 1^. 

or property any portion of the school funds aforesaid, or pur- 
posely allow any portion of the same to remain in his own hands- 
uninvested except in the manner prescribed by law, every such 
act shall constitute an embezzlement of so much of the aforesaid 
school funds as shall be thus taken or loaned, or deposited, or ex- 
changed, or withheld, and shall be a felony; and anj failure to 
pay over, produce or account for the state school funds or an^r 
part of the same entrusted to any such officer, as by law required 
or demanded, shall be held and be taken to be prima facie evi- 
dence of such emibezzlement 



ARTICLE XII. 



PUBLIC DEBT AND PUBLIC WOEKS. 

Sfec. 1S3. The debt of any county, township, town, school dis- 
trict or any other political su'bdivision, shall never exceed five per 
c<mtnm upon the assessed value of the taxable property therein; 
provided, that any incorporated city may iby a two-thirds vote in- 
crease such indebtedness three per centum on such assessed value 
beyond said five per cent limit. In estimating the indebtedness 
which a city, county, township, school district or any other polit- 
ical sujbdivision may incur, the entire amount of existing indebt- 
edness, whether contracted prior or subsequent to the adoption 
of this constitution shall be included; * * All bonds or 
obligations in excess of the amount of indebtedness permitted by 
This constitution, given by any city, county, township, town, 
school district or other political subdivision, shall be void. 

Sec. 184. Any city, county, township, town, school district, or 
any oither political suibdivision incurring indebtedness shall, at or 
before the time of so doing, provide for the collection of an an- 
nual tax sufficient to pay the interest and also the principal there- 
of when due, and all laws or ordinances providing for the pay- 
ment of the interest or principal of any debt shall be irrepealaible 
until siuch debt be paid. 

Sec. 185. Neither the state nor any county, city, township, 
town, school district or any other political suibdivision shall loan 
or give its credit or make donations to or in aid of any individual, 
association or corporation, except for necessary support of the 
poor, nor sutoscrabe to or become the owner of the capital stock of 
any association or corporation, * * * * 

Sec. 186. * * * r^,Q biHg^ claims, accoiunts or de- 
mands against the state, or any county or other political suibdi- 
vision, shall be audited, allowed or paid until a full itemized 
statement in writing shall be filed with the officer or officers, 
whose duty it may be to audit the same. 



14 GENERAL SCHOOL LAWS, 

Sec. 187. * * * No bond or e\idence of debt of 
any county, or bond of any township or other political subdivision 
-shall be yalid unless the same have endorsed thereon a certificate 
signed by the county auditor, or other officer authorized by law 
to sign such certificate, stating that said bond, or„evidence of 
•debt, is issued pursuant to law and is within the debt limit. 

ARTICLE XIX. 

PUBLIC INSTITUTIONS. 

Sec. 215. The following public institutions of the state are 
jjermanently located at the places hereinafter named, each to 
have the lands sipecifically granted to it by the United States in 
the act ol congress approved February 22, 1889, to be disposed of 
and used in such manner as the legislative assembly may pre- 
scribe, subject to the limitations provided in the article on school 
and public lands contained in this Constitution: * * 

Second — The state university and the school of mines at the 
city of Grand Forks, in the county of Grand Forks. 

Third — The agricultural college at the city of Fargo, in the 
county of Cass. 

Fourth — 'A state normal school at the city of Valley City, in 
the county of Barnes; and the legislative assembly in apportion- 
ing the grant of 80,000 acres of land for normal schools made in 
the act of congress referred to, shall grant to the said normal 
school at Valley City aforementioned 50,000 acres, and said lands 
are hereby appropriated to said institution for that purpose. 

Fifth — The deaf and dumb asylum at the city of Devils Lake 

in the county of Ramsey. 

* » » » ♦ * * 

Seventh — A state normal school at the city of Mayville in the 
county of Traill; and the legislative assembly in apportioning the 
grant of land made by congress in the act aforesaid for state 
normal sichools, shall assign 30,000 acres to the institution hereby 
located at May^^ille, and said lands are hereby appropriated for 
said purpose. ♦ ♦ « ♦ » 

Sec. 216. The following named public institutions are hereby 
permanently located as hereinafter provided, each to have so 
much of the remaining grant of 170,000 acres of land made by 
the United States for "other educational and charitable institu- 
tions," as is allotted by law, viz : 

(Second — A blind asylnm, or such other institution as the legis- 
lative assembly may determine, at such place in the county of 
Pembina as the qualified electors of said county may determiiie 
.at an election to be held as prescribed by the legislative assembly, 
with a grant of 30,000 acres. 



STATE OF NORTH DAKOTA. 15 

Third — An industrial school and school for manual training, 
or such other educational or charitable institution as the legisla- 
tive aissemibly may provide, at the town of Eilendale, in the county 
of Dickey, with a grant of 40,000 acres. 

Fourth — ^A school of forestry, or such other institution as the 
legislative assembly may determine, at such place in one of the 
counties of McHenry, Ward, Bottineau or Kolette as the electors 
of said counties may determine by an election for that purpose, 
to he held as provided by the legislative assemhly. 

Fifth — A scientific school, or such other educational or char- 
itable institution as the legislative assembly may prescribe, at 
the city of Wahpeton, county of Richland, with a grant of 40,000 
acres; provided, that no other institution of a character similar 
to any one of those located by this article shall be established or 
maintained without a revision of this constitution. 



GKNBRAL SCHOOL LAWS 



OF THE 



State of North Dakota 

From the Revised Codes of 1899 and Laws of 1901. 



FREE PUBLIC SCHOOLS. 

(Chap. 98, Laws of 1901.) 

Section 1. The state university and school of mines at Grand 
Forks, the agricultural college at Farga, the state normal schools 
at Valley City and Mayville, the deaf and dumb asylum at Devils 
Lake, the industrial school and school of manual training at 
Ellendale, a scientific school at Wahpeton, the school of forestry 
at Bottineau, and all other schools heretofore established by law 
and maintained by taxation constitute the system of free public 
schools of the state. 



CHAPTER 9. 

Article 1. — Supeeintendent op Public Insteuction. 

Sec. 622. QUALIFICATIONS OF. TERM OF OFFICE.— 

There shall be elected by the qualified electors of the state at the 
time of choosing members of the legislative assembly a superin- 
tendent of public instruction, who shall have attained the age of 
Iwenty-fiye years, and who shall have the qualifications of an 
elector for that office and the holder of a state certificate of the 
highest grade, issued in some state, or a graduate of some repu- 
table university, college or normal school. He shall hold his office 
r.t the seat of government for the term of two years commencing 
on the first Monday in January following his election and until 
his successor is elected and qualified. 



18 - GENERAL SCHOOL LAWS, 

Sec. 623. TO PRESERVE MISCELLANEOUS DOCUMENTS. 
— He shall preserve in his office all books, maps, charts, works on 
education, school reports and school laws of other states and 
cities, plans for school buildings and other articles of educational 
interest and value which may come into his possession as such 
officer, and at the expiration of his term he shall deliver them to- 
g-ether with the reports, statements, records and archives of his 
office to his successor. 

Sec. 624. SUPERVISION OF SCHOOLS.— He shall have the 
general supervision of the public schools of the state and shall 
be ex-officio member of the board of university and school lands 
and of the normal school boards of the state. 

Sec. 625. TO FURNISH SCHOOL SUPPLIES, BLANKS, 
ETC., AND TO ESTABLISH CIRCULATING LIBRARIES.— He 

shall prepare, cause to be printed and furnish to the proper offi- 
cers or persons all district clerks' record books and warrant 
books, school treasurers' record books, school registers, reports, 
statements, notices and returns needed or required to be used in 
the ischools or by the school officers of the state. He shall pre- 
pare and furnish to school officers, through the county superin- 
tendents, lists of publications approved by him as suitable for 
district libraries; such lists shall contain also the lowest price 
at which each publication can be purchased and such other infor- 
mation relative to the purchase of district libraries as he may 
deem requisite. He shall also select and purchase books suit- 
able for district libraries, and cause the same to be circulated as 
traveling libraries under such rules and regulations as he may 
prescribe. And for the purpose of selecting and purchasing such 
books there is hereby appropriated the sum of seven hundred and 
fifty dollars annually, to be paid by warrant of the state auditor 
on the state treasurer, upon the presentation of itemized bills in 
due form, duly approved by the superintendent of public instruc- 
tion. 

Sec. 626. EXAMINATIONS AND TEACHERS' CERTIFL 
CATES. — He shall prepare or cause to be prepared all questions 
to be used in the examination of applicants for teachers' certifi- 
cates, prescribe the rules and regulations for conducting such ex- 
aminations and issue or revoke state certificates as provided in 
this chapter. 

Sec. 627. PRESCRIBE COURSE OF STUDY.— He shall pre- 
pare and prescribe a course of study for all the public and normal 
schools of the state and the course of study, training and prac- 
tice of the professional department of schools, designated and 
supported wholly or in part by the state. 



STATE OF NORTH DAKOTA. 19 

Sec. 628. RULES FOR TEACHERS' INSTITUTES.— He shall 
preiscriibe rules'and regulations for the holding of teachers' insti- 
tutes and teachers' training schools, and after counseling and 
advising with count}' superintendents, shall apipoint conductors 
therefor. He shall prescribe the course of instruction for teach- 
ers' institutes and for teachers' training schools, and the course 
of reading for the teachers' reading circles within the state. 

Sec. 629. ADA^ISE COUNTY SUPERINTENDENTS. —He 
shall coiunsel with and advise county superintendents upon all 
matters involving the welfare of schools and he shall, when re- 
quested, give them written answers to all questions concerning 
the school law. He shall decide all appeals from the decision 
of the county superintendents, and may for such decisions require 
affidavits, verified statements or sworn testimony as to the facts 
in issue. He shall prescribe and cause to be enforced rules of 
practice and regulations pertaining to the hearing and determin- 
ation of appeals, and necessary for carrying into effect the school 
laws of the state. 

Sec. 630. RECORD OF OFFICIAL ACTS.— ^He shail keep a 
complete record of all his official acts and shall file in his office 
all appeals and the papers pertaining thereto. 

Sec. 631. SCHOOL LAWS TO BE PRINTED.— He shall at 
least once in two years casise to be printed the school laws of the 
state, with such notes and decisions thereon as may seem to him 
advisable, and shall furnish them as they are needed to the school 
officers in the state. 

Sec. 632. CONFERENCE WITH COUNTY SUPERINTEND- 
ENTS. — He shall meet the county superintendents of each judi- 
cial district or of two or more districts combined at such time and 
place as he shall apiDoint, giving them due notice of such meeting. 
The objects of such meeting shall be to accumulate valuable facts 
relative to schools, to compare views, to discuss principles, to 
hear discussions, and suggestions relative to the examinations 
and qualifications of teachers, methods of instruction, text books, 
institutes, visitation of schools and other matters relating to the 
public schools. 

Sec. 633. SEAL. — ^He shall provide and keep a seal by which 
all his official acts may be authenticated. 

iSec. 634. TO ASSIST -AT TEACHERS' INSTITUTES.— He 
shall when practicable, attend and assist at teachers' institutes 
and aid and encourage generally teachers in qualifying them- 
selves for the successful discharge of their duties ; he shall labor 
faithfully in all practicaible ways for the welfare of the public 
schools of the state, and shall perform such other duties as shall 
he required of him by law. 



20 GENERAL SCHOOL LAWS, 



Sec. 635. BIENNIAL REPORT, WHAT TO .CONTAIN.— He 
sLall, on or before the first day of NoYember preceding the bien- 
riial session of the legislative assembly, make and transmit to the 
governor a report showing. 

1. The number of school districts, schools, teachers employed 
and pupils taught therein and the attendance of pupils and 
studies pursued by them. 

2. The financial condition of the schools, their receipts and 
expenditures, value of school houses and property, cost of tuition 
and wages of teachers. 

3. The condition, educational and financial, of the normal and 
higher institutions connected with the school system of the state 
and as far as it can toe aiscertained, of the private schools, acad- 
emieis and colleges in the state. 

4. Such general matters, information and recommendations 
relating to the educational interests of the state, as he may deem 
important. 

Sec. 636. REPORTS TO BE PRINTED.— Two thousand coipies 
of the repoi-t of the superintendent otf public instruction shall be 
printed biennially in the month of Decemtoer preceding the ses- 
sion of the legislative assembly. One copy shall be furnished to 
each of the memtoers of the legislative assembly, one copy to each 
county superintendent of the state, one coipy to the president of 
each school board, one copy to each state officer, one copy to each 
state and territorial superintendent, and twenty copies shall be 
filed in the office of the superintendent of public instruction and 
ten copies in the state library. The remaining copies shall be 
distributed among the various colleges, universities and other 
libraries of the United States. 

Sec. 637. SALARY, TRAYELTNO EXPENSES.— He shall re- 
ceive an annual salary of two thousand dollars and in addition 
thereto his actual and necessary traveling expenses incurred in 
the discharge of his official duties, not exceeding six hundred dol- 
lars in any one year, such expenses to be paid monthly on the 
warrant of the state auditor upon his filing with such auditor an 
itemized statement of such expenses properly verified. 

Aeticle 2. — County Superintendent of Schools. 

Sec. 638. ELECTION, TER3I OF OFFICE.— There shall be 
elected in each organized county, at the same time other county 
officers are elected, a county superintendent of schools, whose 
term of office shall be two years, commencing on the first Monday 
in January following his election, and until his successor is- 
elected and qualified. Any voter residing in an independent 



STATE OF NORTH DAKOTA. 21 

school district, organized under a special act, having a board of 
education and city superintendent of schools, shall not be quali- 
fied to vote for countv superintendent of schools. 

Sec. 639. CrEXERAL DUTIES.— The county superintendent 
of schools shall have the general superintendence of the public 
schools in his countv, except those in cities which are organized 
under sipecial law and those in special or independent school dis- 
tricts. 

Sec. 640. YISITATIOX OF SCHOOLS.— He shall visit each 
public school under his supervision. He shall at such visit care- 
fully oibserve the condition of the school, the mental and moral 
instruction given, the methods of teaching employed by the 
teacher, the teacher's ahility and the progress o^f the pupils. He 
shall advise and direct the teacher in reg-ard to the instruction, 
classification, government and discipline of the school and the 
course of study. He shall keep a record of such visits and by 
memoranda indicate his judgment o'f the teacher's aibility to 
teach and govern and the condition and progress of the school, 
which shall be open to inspection by any school director. 

Sec. 641. OENERAL DUTIES.— He shall carry into effect all 
instructions of the superintendent of public instruction given 
within his authority. He shall distribute to the proper officers 
and to teachers all blanks furnished him by such S'Uperintendent, 
i)nd needed by such officers and teachers. Acting under the in- 
structions of the superintendent of public instruction, he shall, 
M^hen expedient, convene the teachers of his county at least one 
Saturday in each month during which the public schools are in 
progress, or if the distance is too great he may convene the teach- 
ers of tw^o or more districts in each of the several portions of his 
county in county or district institutes, or teachers' circles, for 
normal instruction and the study of methods of teaching, organ- 
izing, classifying and governing schools, and for such other in- 
struction as may be set forth in the course of reading prescribed 
by the superintendent of public instruction for the istate teachers' 
reading circle. Each teacher shall attend the full session of such 
institute or circle and participate in the duties and exercises 
thereof or forfeit one day's wages for each day's absence there- 
from, unless such absence is occasioned by sickness of the teacher 
or others to whom his attention is due; but when, on account of 
distance or otherwise, it would impose a hardship upon any 
teacher to attend, or would cause such teacher to neglect his 
school, the county superintendent may excuse such teacher from 
attendance. 

(Sec. 642. RECORD OF OFFICIAL ACTS.— He shall keep a 
record of all his official acts, and shall preserve all books, maps, 



22 GENERAL SCHOOL LAWS, 

charts and apparatus sent him as a school officer, or belonging 
to his office. He shall file all reports and statements from teach- 
ers and school boards and shall turn them over to his successor 
in office. He shall be provided with a seal by which his official 
acts may be authenticated. 

Sec. G43. (Amended.)— MEETINGS WITH SCHOOL OFFI- 
CERS. — He may arrange for meetings with school officers at des- 
ignated times and places, due notice o>t which has been given, for 
the purpose of inspecting the district records and instructing in 
the manner of keeping the same and of preparing the reports of 
district officers. He shall visit the officers O'f the several school 
districts as oiften as may be necessary to secure the correct keep- 
ing of the records. He shall, on or ^before the first day of Apnl 
in each year, prepare and furnish to the several assessors of the 
count}^ a correct sectional map of their respective districts, show- 
ing the boundaries and names or nuimlbers of all school districts 
therein; provided, also, that he 'may convene the presidents of 
school boards in his county, or such representative of each school 
board as the president shall appoint, in case he cannot attend 
personally, for the purpose of discussing plans and methods for 
the improvement and general care of the schools; provided, fur- 
ther, that such general meeting shall not occur more than once 
in each year. 

Sec. 644. TO DECIDE QUESTIONS IN CONTRO^^ERSY.— He 
ishall decide all matters in controversy arising in his county in the 
administration of the school law or appealed to him from the 
decisions of school officers or boards. An appeal may be taken 
from his decision to the superintendent of public instruction, in 
which case a full written statement of the facts, together with 
the testimony and his decision in the case shall be certified to the 
superintendent of public instruction for his decision in the mat- 
ter, which decision shall be final, subject to adjudication or the 
proper legal remedies in the courts. 

Sec. 645. POWER TO ADMINISTER OATHS.— He shall 
have powder to administer oaths of office to all subordinate school 
officers, and to witnesses and to examine them under oath in all 
controversies pending before him arising in the administration of 
the school laws; but he shall not receive pay for administering 
such oaths. 

Sec. 646. INSTITUTE FUND, HOAY RAISED AND USED.— 
All funds received by him for the examination of teachers shall 
be turned over to the county treasurer, who shall keep the same 
as a special fund to be known as the "Institute Fund," and which 
shall 'be used only for the expenses of holding connty teachers'" 
institutes, or supporting teachers' training schools, to be paid 



STATE OF NORTH DAKOTA. 23 

out upon proper warrants issued by the county auditor upon the 
sworn and itemized voucher of the county superintendent. 

Sec. 647. APPOETIONMEXT OF STATE TUITION FUND.— 
He shall make apportionment of the state tuition fund among the 
school corporations of the county, as provided in this chapter. 

Sec. 648. TEACHER'S CERTIFICATE MAY BE REVOKED, 
WHEN. — He shall see that the pupils are instructed in the sev- 
eral branches of study required by law to be taught in the schools 
as far as they are qualified to pursue them. If any teacher neg- 
lects or refuses to give instruction as required by law. in physio- 
logy and hygiene, and the nature and effect of alcoholic drinks, 
narcotics and stimulants, the county superintendent shall 
promptly revoke such teacher's certificate and cause him to be 
discharged. If the teacher, so neglecting or refusing to give in- 
structions in such branches, holds a state certificate, the county 
superintendent shall immediately certify such refusal or neglect 
to the superintendent ol public instrnction. 

Sec. 649. REPORT TO STATE SUPERINTENDENT.— He 
shall, on or before the fifteenth day of September in each year, 
make and transmit a report to the superintendent of public in- 
struction, containing such statistics, items and statements rela- 
tive to the schools of the county, as may be required by such su- 
perintendent. Such report shall be made upon and conform to 
the blanks furnished by the superintendent of public instruction 
for that purpose. He shall not be paid his salary for the last 
quarter of his official year until he presents to the coiunty com- 
missioners the receipts of the superintendent of public instruc- 
tion for such annual report. 

Sec. 651. OFFICE, POSTAGE AND STATIONERY.— He may 
provide for himself a suitable office for the transaction of official 
business when not provided therewith by the county commis- 
sioners, and such commissioners shall audit and pay his reason- 
able accounts for the use and furniture of such office. They shall 
also furnish him with all necessary books, stationery and postage. 

Sec. 652. SALARY. DEPUTY. TRAVELING EXPENSES. 
— The salary of the countv superintendent of schools shall be 
as follows: In each county having one school and not over five, 
one hundred dollars; six schools and not over ten, two hundred 
dollars; eleven schools and not over fifteen, three hundred dol- 
lars; sixteen schools and not over twenty, four hundred dollars 
twenty-one schools and not over twenty ifive, five hundred dollars 
twenty-six schools and not over thirty, six hundred dollars 
thirty-one schools and not over thirty-five, seven hundred dollars 
thirty-six schools and not over forty, eight hundred dollars; forty- 



24 GENERAL SCHOOL LAWS, 

one schools and not over fifty, nine hundred dollars; and for each 
additional school ten dollars additional; provided, that in com- 
puting the salary of such superintendent no school shall be in- 
cluded unless the same shall have been taught at least three 
months during the preceding year; provided, further, that such 
salaries shall not exceed fifteen hundred dollars in any county. 
In addition thereto, he shall receive seven cents a mile for the 
distance actually and necessarily traveled by him in the discharge 
of his duties. ;He shall, at the end of every three months, make 
and furnish to the county commissioners an itemized statement 
of the distance so traveled in the discharge oif his duties, 
which shall he audited and ordered paid by the board of 
county commissioners. The amount of his salary shall be deter- 
mined each year by the actual number of schools or separate de- 
partments in graded schools over which such superintendent had 
official supervision during the preceding year, and the same shall 
toe paid oiut of the county general fund monthly upon the warrant 
of the county aiuditor. In each county, which shall be organized 
for school ipurposes after the adoption of this code, the county 
superintendent shall be paid a salary at the rate of one hundred 
dollars a year until the first Monday in October next following 
his election, after which his salary shall toe as provided for in 
this section. The county superintendent may appoint a deputy 
who shall perform the duties of the county superintendent dur- 
ing his atosence froim the county; tout no additional salary shall 
be paid such deputy except in counties having sixty or more 
schools. In counties having sixty schools the board of county 
com'missioners shall aippropriate one hundred dollars for clerical 
assistance in the county superintendent's office and five dollars 
for each additional school, to be paid monthly; provided, that not 
more than six hundred dollars shall be appropriated for clerical 
assistance in any one year. 

Sec. 653. QUALIFICATIONS OF.— No person shall be deemed 
qualified for the office of county superintendent, unless he holds 
a certificate of the highest county grade or its equivalent. 

Sec. 654. SHALL NOT ENGAGE IN TEACHING.— No county 
superintendent of schools, except as hereinafter provided, shall 
engage in teaching during the term for which he was elected, nor 
shall any person under contract to teach be qualified to hold the 
office of county superintendent of schools. 

Sec. 655. SHALL NOT ABSENT HIMSELF FROM COUNTY. 

— No county superintendent of schools shall engage in any pro- 
fession or oocopation, nor shall he absent himself from the 
county or district for which he is elected to engage in any occu- 
pation, profession or pursuit during the term for which' he is 



STATE OF NORTH DAKOTA. 25 

i^lected for such time and in such manner as to interfere with the 
proper discharge of his duties as county superintendent of 
,<='chools. 

Sec. 656. SUBJECT TO REMOVAL.— Any county superin- 
tendent of schools who neglects or violates any of the j)P0visi()iit4 
of sections 654 and 655 shall be subject to removal from office. 

Sec. 657. NOT APPLICABLE IN EVERY COUNTY.— None of 
the provisdons of sections 654 and 655 shall be applicable to coun- 
ties in which the salary of county superintendents of schools is 
less than twelve hundred dollars per annum. 

Article 3. — School Districts. 

iSec. 658. WHAT CONSTITUTES A SCHOOL CORPORA- 
TION. — Each civil township in the state, not organized for school 
punpoises under the district system at the taking effect of this 
code, shall be and is hereby constituted a distinct school corpora- 
tion, and whenever in any county a civil township shall hereafter 
be organized it shall from and after such organization be and 
constitute a distinct school corporation, except as otherwise spe- 
cially provided in this chapter. 

Sec. 659. SCHOOL TOWNSHIP TO CONFORM TO CIA^IL 
TOWNSHIP WHEN POSSIBLE.— Each school township in every 
county in the state, which at the taking effect of this code con- 
sists oif territory not organized into a civil township, shall be and 
remain a distinct school corporation; provided, that whenever 
such school township, or any part thereof, shall be organized into 
or annexed to a civil township, such civil township shall thence- 
forth constitute a distinct school corporation ; but nothing in this 
section shall be construed to alter the boundary lines of any 
school township organized prior to the passage of this code, ex- 
cept upon petition as hereinafter provided. 

iSec. 660. T\TIAT TERRITORY MAY BE ORGANIZED INTO 
DISTRICT SCHOOL CORPORATIONS.— The county commis- 
sioners of each county in which there is territory not organized 
for school pur/poses at the taking effect of this article, may organ- 
ize into a district school corporation any territory not, at the 
taking effect of this article, already organized into a civil town- 
ship or a school township, upon toeing ipetitioned to do so by one- 
third of the residents of such territory, having the care or cus- 
tody of any child of school age; iprovided, such territory shall 
consist of not less than one congressional township, and having 
not less than ten children of school age residing therein. The 



26 GENERAL SCHOOL LAWS, 

county coiminiiwoners o;f every such county, with the advice and 
consent of the county superintendent may rearrange the bound- 
aries in any school corporation whose territory is not included 
within a civil township, when petitioned to do so by a majority 
of the voters residing within such school corpoiration, whose 
boundaries will be affected thereby, subject to the same resitric- 
tions and conditions as to extent oif. territory and number of resi- 
dent children of school age ais in the organization of a school cor- 
poration from territory not included in a civil township. In the 
iormation of school corporations and the rearrangement oif their 
boundaries as provided for in this isection, the boundary lines of 
congressional townships shall be followed as far as possible as 
school corporation lines; provided, that in case any school town- 
ship, containing a city of eight hundred inhabitants or more, and 
which is not organized as an independent school district, said 
township outside of said city, may, on petition to the county sup- 
erintendent of schools, a petition of at least two-thirds of the 
legal voters of such township outside the limits of such city, 
organize a school township, and when such petition is filed, the 
county superintendent of schools shall proceed to call a first elec- 
tion as provided in article 4 of this chapter. 

Sec. 661. NEW SCHOOL DISTRIOTS, HOW FORMED.— In 
any coainty hereaifter organized the county commiissioners shall 
so divide the county or the parts thereof, which include every 
congressional toiwuship in such count}' which has residing therein 
not less than ten children of school age, into school corporations 
as will >best promote the permanent interests of public schools in 
the county, upon the saime petition and subject to the same con- 
dition and restrictions as are contained in section 660. 

Sec. 662. (Amended.)— WHEN SCHOOL CORPORATIONS 
MAY BE DIVIDED AND ATTACHED TO OTHER DISTRICTS. 
— If a portion of any such school corporation having not more 
than ten children of school age residing therein is separated from 
the other portion of isuch corporation by any natural obstacle 
which practically prevents such children from attending school 
in siuch other portion, the county commissioners of the county 
may annex such portion so separated to an adjoining school cor- 
poration, and the portion so annexed shall constitute a part of 
such adjacent corporation. If such adjacent corporation lies in 
another county, the county commissioners of the two counties 
may jointly make such annexation ; provided, that whenever por- 
tions of a school corpoiration lie in different civil townships, 
there may be created therefrom tw^o or more distinct school cor- 
porations, when, in the judgment of such commissioners and 
superintendent, such change can be made without detriment to> 



STATE OF NORTH DAKOTA. 27 

the schoolis or to the ipupils therein, and the division can be made 
by following the boundary line, or lines, of congressional town- 
ships, or the meander lines of the government survey. 

Sec. 663. ANNEXATION OF SCHOOL CORPORATIONS.— 
In any county not organized for school purposes under the dis- 
trict system at the ta.king effect of this code, if a town or village 
not organized into a special district is divided by a civil township 
line or if such town or village is divided by any county line, the 
county commissioners of such county, or the county commissiion- 
ors of such adjacent counties acting in joint session, as the case 
may be, may when petitioned so to do b}^ a majority of the voters 
of each part of said town or village, annex one part of such town 
or Aillage to the adjacent school corporation which includes the 
other part of such town or village and the part so annexed shall 
constitute a portion of such adjacent corporation. 

Sec. 664. WHEN CIVIL TOWNSHIPS MAY CONSOLIDATE 
INTO SCHOOL DISTRICT.— In any county not organized for 
school purposes under the district system at the taking effect of 
this code, if a civil township having less than fifteen persons of 
school age residing therein, by reason of the irregular coiurse of 
natural boiundary, contains less than twelve sections or square 
miles of territory, it shall constitute a portion of the adjacent 
school district with which it has the longest common boundary 
line. 

Sec. 665. SCHOOL DISTRICTS, HOW NAMED.— Each school 
corporation constituted or formed under the provisions of this 
article, shall be designated a school district as distinguished from 
a civil township or congressional township and shall be named as 
follows : Each school district which couisists of a civil township 

shall be named " school district of county, 

state of North Dakota," with the name of the civil township 
w^hich constitutes the districts inserted in the blank before the 
word "school," and the name of the county in which it is situated 
inserted before the word "county." Each school district which 
consists of territory not organized into a civil township, but 
which has ibeen named by a distinctive name shall have such dis- 
tinctive name inserted in the blank before the word "school." 
Each school district consisting of territory not organized into a 
civil township which hais no distinctive name shall be named 
"school district No of county, state of North Da- 
kota," with its proper number inserted in the blank after the 
word "numtoer," and the proper name of the county inserted in 
The blank before the word "county;" provided, that in each county 
organized for school purposes under the district system ait the 
taking effect of this code, the several school districts shall retain 



28 GENERAL SCHOOL LAWS, 



and be known bv the number which they have respectively at 
the time of the taking effect of this code and any school district 
hereafter formed in any such county shall be known by the num- 
ber next higher than that of the highest pre^existing numbered 
district. 

Sec. 666. WHEN BOUNDARIES TO BE REARRAXGED 
AND ESTABLISHED AND HOW.— The county commissioners 
and coiunty superintendent of schools in each county, which at 
the taking effect of this code is organized for school purposes 
under the district system, shall meet on the first Monday in May, 
A. D. 1896, at the place where the meetings of such commission- 
ers are usually held and shall rearrange and establish the bound- 
stries of the several school districts of the county unless the same 
has already been done, as follows: 

1. Each civil township in a county, no part of which is in- 
cluded in a school district already' organized, shall be formed 
into a single school district. 

2. Each congressional township in the county, no part of 
which is included in a civil township nor in an organized school 
district, if it contains twelve or more persons of school age, shall 
be formed into a single school district. 

3. All territory in a county situated in a civil township, part 
of which is organized into a school district or situated in a con- 
gressional township not included in a civil township, and a por- 
tion of which is organized into a school district shall be annexed 
to and form a part of the organized school district lying wholly 
or in ipart in such civil or congressional township. 

4. Each school district now organized which has less than ten 
persons of school age residing therein shall be annexed to and 
form a part of such adjacent school district as shall be most con- 
venienft for »uch persons of school age, when in the judgment of 
such oommjissioners and superintendent such annexation can be 
made ^^thout detriment to the school or to the pupils residing in 
such district. 

5. The boundary lines of each school district which lies partly 
within two or more civil townships shall be so changed that such 
school district ishall lie wholly within one civil towmship, so far 
as in the judgment of such commissioners and superintendent 
such change can be made without detriment to the schools or to 
the pupils therein. 

6. Such coimmissioners and superintendent shall make such 
changes generally in the boundary lines of the school districts of 
the coainty, not in their judgment detrimental to the interests of 
the schools of the county as will reduce the numtoer of school 
districts in the county, and form school districts not extending 
beyond the boundaries of the civil township. 



STATE OF NORTH DAKOTA. 29 

Sec. 667. BOUND ABIES, HOW CHANGED IN FUTURE.— 
After the boundary lines of the seyeral school districts in any of 
the said counties are rearranged and established as provided for 
in the last preceding isection of this article, such bo'undary sO' 
established may be changed by the county commissioners and 
superintendent of schools of such county at any regular -session 
of such commissioners upon a petition for such change signed by 
one-third of the A^oters residing in each district, whose bound- 
aries will be affected by such change, if in the judgment of the^ 
commissioners and superintendent such change is for the best 
interests of the schools; provided, that (by such change or changes 
DO new district shall be formed, nor shall the number of school 
districts in the county be increased; provided further, that each 
congressional township, not wholly or in part included in a civil 
township, and no part of which is organized for school purposes,, 
shall be formed into a school district as soon as it shall have 
residing therein tw^elve or more children of school age. 

Sec. 668. EIGHTS AND POWERS OF SCHOOL CORPORA- 
TIONS. — Each school district constituted and formed as provided, 
in this article shall be a distinct corporation, and under its proper 
name or number as such corporation, may sue and be sued, con- 
tract and be contracted with, and may acquire, purchase, hold and 
use personal or real property for school purposes or for the pur- 
poses mentioned in this chapter and sell and dispose of the same. 

Sec. 669. PLATS OF SCHOOL DISTRICTS TO BE FUR- 
NISHED BY COUNTY AUDITOR.— The county auditor shall, 
within thirty days after the first school election held ais provided 
herein, transmit to the state auditor, to the superintendent of 
public instruction and to the county superintendent, a plat of the 
county showing the boundaries and name of each school corjjora- 
tion therein, and shall record a copy of the same, together with 
all proceedings of the county board had and done under this 
chapter in a proper book kept for that purpose. He shall 
promptly furnish such officers with a correct plat showing any 
changes at any time in the boundaries of school corporations,. 
The superintendent of public imstructiou shall furnish instruc- 
tions for the suitable preparation and construction of such plats 
in regard to scale and markings, in order to secure a uniform 
series of maps for binding for office use. 

Sec. 669a. LEGALIZING IRREGULARITIES.— All school' 
districts, whether duly and legally organized under the provisions 
of statutes or not, which for the eight years last past have had a 
defacto organization, are hereby declared to be legally organized 
and are authorized to exercise all the functions of school districts, 
which have been duly and legally organized as provided by stat- 



^0 GENERAL SCHOOL LAWS, 

lite, with the boundaries which they may have at the time of the 
going' into effect of this article, and all contracts or oibligations of 
said districts, and the acts of the officials thereof, are hereby 
ratified and confirmed in so far as to give them the same validity 
which they would have had if said districts had been legally 
organjized. 

Aeticle 4.— Election of School Officers. 

Sec. 670. OFFICERS TO BE ELECTED.— On the third Tues- 
day in June of each 3'^ear there shall be elected one school director 
for the term of three j-ears and on the third Tuesday in June of 
each even numbered year a school treasurer for the term of two 
years. Such officers shall hold their resipective offices from the 
second Tuesday in July following therr election for the. numlber 
of years respectively for which they were elected, and until their 
successors are elected and qualified. At the first election for the 
organization of a new school district there shall be elected at 
large for such school district three directors, one to serve until 
the first annual election, one to serve until the second annual 
election, and one to serve until the third annual election there- 
after and a school treasurer to serve until the annual election in 
the next even numbered j'ear and until his successor is elected 
and qualified. i 

Sec. 671. POLLING PLACES, HOW ESTABLISHED. AP- 
POINTMEKT OF ELECTION OFFICERS.— The county superin- 
tendent in each county shall, at least twentj' days prior to the 
iirst election in the new district, fix and designate some polling 
place in each school district so located as to be convenient for 
the voters of such district, and shall appoint two persons to- 
act as judges and two to act as clerks of the election of such 
school officers; such judges ajid clerks shall be qualified voters in 
their respective districts. The county superintendent shall 
notify in writing such judges and clerks of their appointment, 
and of the place fixed and designated as the polling place in their 
respective districts, and shall furnish them with the necessary 
blanks and poll books for such election. He shall also furnish 
one of such clerks with three notices of such election specifying 
the time and place at which such election is to be held, the offi- 
cers to be elected and term of each, which notices such clerk shall 
post in three ol the moist public places in the district ait least ten 
days, prior to such election. The county superintendent shall fix 
the date and perform such other duties as devolve upon him by 
the provisions of this section for the first election in any school 
district hereafter formed under the provisions of this chapter, 
and such election shall be called by the county superintendent 
within thirtv davs after the formation of such school district. 



STATE OF NORTH DAKOTA. 31 

iSec. 672. WHO QUALIFIED TO VOTE OR HOLD OFFICE.— 
At any eleotion of school officers in any school corporation in 
This state, all persons who are qualified electors under the gen- 
eral laws of the state and all women twenty-^ome years of age 
having the necessary qualifications as to citizenship and residence 
required of male voters by law, sihall be qualified voters and shall 
be eligible to the office of county superintendent of scheols, 
school director or member of the board of education or school 
treasurer, or may be judge or clerk of such election. 

Sec. 673. HOURS POLLS OPEN.— At all elections for school 
district officers, the polls shall be opened at two o'clock p. m. 
and closed at five o'clock p. m. 

Sec. 674. NOTICE OF ANNUAL ELECTION.— At least fifteen 
days before the third Tuesday in June of each year the district 
school board of each sdhool district shall designate one polling 
place as convenient as poissible to the voters of such district at 
which such annual election shall be held, and Sihall cause notice 
of such election to be posted in at least three of the most public 
and conspicuous places within the district. Such notices shall 
be signed by the clerk or in his absence by the president of the 
district school board, and shall state the time and place of hold- 
ing such election and the officers to be elected and their term of 
office, and shall be siubstantially in the following form: 

Notice is hereby given that on Tuesday the*; day of 

June, A. D an election will be held at 

(here insert polling place) for the purpose of electing 

there insert officers to be elected and term each is to serve) for 

school district No or for (here insert 

name of school district.) The polls will be opened at two o'clock 
P. M. and closed at five o'clock P. M. of that day. 
By order of school board. 

Signed, 

Clerk. 

Sec. 675. JUDGES. OATH.— At such annual election any 
two of the directors of the school district may act as judges and 
the clerk of the district school board and one other person to be 
choisen by the voters present at the opening of the polls, shall act 
as clerks. The voters present at the opening of the polls shall 
choose a person to till any vacancy caused by the absence of either 
of such officers to act as judge or clerk of such election. Before 
opening the polls each of the judges and clerks of ele,ction shall 
take and subscribe the following oath or affirmation: "I do sol- 
emnly swear (or affirm) that I will perform my duties as judge or 
clerk (as the case may be) according to law and the best of my 
ability." Such oath or affirmation may be administered by any 



32 GENERAL SCHOOL LAWS, 

officer authorized to administer oaths or by either of the judges or 
clerks. Any school officer elected and qualified under the pro- 
visions of this chapter is authorized and empowered to adminis- 
ter any oath or affirmation pertaining in any manner to school 
offices. 

Sec. 676. ELECTION, HOW CONDUCTED. CANVASS OF 
'^^OTES. — ^Such election shall be conducted and the votes can- 
vassed as provided by law of general elections, except a;s other- 
wise provided in this chapter. Immediately after the polls are 
closed the judges shall proceed to count and canvass the votes 
for each person voted fo'r at such election for any office, and the 
person receiving the highest number of votes for the office of 
director or treasurer shall be declared elected. If the election 
results in a tie for any such office the district clerk shall immedi- 
ately notify in writing the parties having received such tie votes, 
and a time shall be agreed upon by the parties, within three days 
after the election, at which the election shall be decided in the 
manner that may be agreed upon iby the parties, in the presence 
of the judges and clerks of election, and. a record of the proceed- 
ings shall be made in the records of the district clerk. 

Sec. 677. CERTIFICATES OF ELECTION.— The clerk of the 
-school district shall within five days after such election furnish 
each person elected to any district office a written notice of his 
election, and that he shall take the oath of office as such officer 
on or before the second Tuesday in July following snch election. 
He shall also forward to the county superintendent within ten 
days after such election, a certified list of all the officers elected 
thereat. 

Sec. 678. OATH OF OFFICE.— Each person elected to the 
office of school director or treasurer shall before entering upon 
the duties of his office, take and subscribe the oath prescribed in 
section 211 of the constitution, which oath shall be filed with the 
clerk of the school district board. 

Aeticle 5. — Organization, Meetings and Duties of Disteict 

Officers. 

Sec. 679. DISTRICT SCHOOL BOARD. QUORUM.— The 
three school directors in each school district shall constitute the 
district school board. A majority of the board shall constitute a 
quorum and the agreement of a majority shall be necessary to 
the validity of any contract entered into by the board. 

Sec. 680. ORGANIZATION. ' CLERK.— Tlie school board 
.shall meet annually on the second Tuesday in July and organize 
by choosing one of the members president, and a competent per- 



STATE OF NORTH DAKOTA. 33 

&on, not a memiber of the board, clerk, who shall hold his office 
during the pleasure of the board. 

Sec. 681. (Amended.)— MEETINGS OF BOARD. FEEiS.— 
The board shall on the second Tuesday in January, April, July 
and October of each year, hold regular meetings for the transac- 
tion of business at such hour and place as may be fixed by the 
board. A special meeting may be held upon the call of the pres- 
ident or of the other two members. Written notice of the time 
and place of any special meeting ishall be given to each member 
of the board at least fo'rtj-eight hours before the time of such 
meeting. Each member of the board shall be paid the sum of 
eight dollars per annum, less two dollars for each regular meet- 
ing which he fails to attend; provided, that the president, or such 
person ais he may aippoint to represent the board, shall receive 
ten cents a mile for the distance necessarily traveled in attending 
general meetings of the presidents of school boards convened by 
the county superintendent of schools, and also a salary of two- 
dollars ; but the total sum of such salary and mileage shall not 
exceed five dollars in attending any one meeting. 

Sec. 682. (Amended.)— DUTIES OF THE PRESIDENT.— The 
president shall preside at all meetings of the board and shall per- 
form such duties as usually pertain to such office and in accord- 
ance with the custoimary rules of order. In his absence a presi- 
dent pro tempore shall preside. The president shall perform 
such other duties as are prescribed in this chapter. It shall also 
be the duty of the president to attend such general meetings of 
the presidents of school boards as may be convened by the county 
superintendent of schools. When the president cannot attend 
such meetings personally he shall appoint a member of the school 
board or the school clerk or school treasurer to represent the 
school board at such general meeting. 

Sec. 683. DUTIEiS OF CLERK. COMPENSATION.- The 
clerk of the board shall keep an accurate record of all proceedings 
of the board, give or post all notices, make out all reports and 
statements and perform all other duties required by law or by the 
board. He shall receive such compensation as shall be fixed by 
The board, not less than ten dollars for one school and five dollars 
for each additional school in his district; provided, that such 
.salary shall not exceed forty dollars in any one year. 

Sec. 684. TREASURER'S BOND, HOW APPROVED. VA- 
CANCY, HOW FILLED.— The school treasurer shall, on or before 
1he second Ttiesday in July following his election and before 
entering upon his duties give a bond to the school district con- 
ditioned for the hoinest and faithful discharge of his duties and 
that he will render a true account of all funds and propertj- that 



34 GEiNEORAL SCHOOL LAWS, 

shall come into his hands and pay and deliver the same according 
to law. Such bond shall be in siiich sum as may be fixed by the 
board, but not less than double the sum to come into his hands in 
any one year as nearly as may be ascertained, which bond shall 
be signed by two or more sufficient sureties to be approved by 
the school board. In case the school hoard neglects or refuses 
to approve the bond of such treasurer and the sureties thereon, 
such treasurer may present the same to the coiunty superintend- 
ent and serve notice thereof upon the board and due proof of such 
notice ibeing miade to the county suiperdntendent, he shall, unless 
good cause for delay appears, proceed to hear and determine the 
sufficiency of the bond and the sureties thereon, and may approve 
or disapprove the same as the facts warrant. In case a vacancy 
occurs in the office of district treasurer, it shall be the duty of 
the county treasurer of the county wherein isuch school district 
is located, upon being notified by the county superintendent or 
clerk of such school district that such vacancy exists, to pepform 
the duties ol treasurer of such school district until the -s^acancy 
is duly filled. 

Sec. 685. WHEN ADDITIONAL BONDS REQUIRED.— 
Whenever the amount in the hands of the treasurer or subject to 
his order exceeds two-thirds of the penal sum of his bond or 
when in the judgment of the board or of the county superintend- 
ent the security on siuch bond is imipaiired, the board or county 
superintendent shall require an additional bomd. If the treas- 
urer fails for twenty days to give such additional bond the office 
shall be declared vacant and the vacancy shall be filled as pro- 
vided by this chapter. 

Section 1. Chap. 187, Laws 1901. SURETY BONDS.— 
That every person hereafter eleted to the office ot district 
school treaisurer within the state oif North Dakota, be, and is 
hereby required to give an official ibond in a penal sum to be 
fixed by the board of directors, which bond shall not be in a 
lesis penal sum than double the amoiunt of mioney likely to 
come into his hands in any one year, and such board may by 
resolution require that such bond ishall be executed by some 
iresponsiible fidelity or surety company authorized and quali- 
fied to do businesis in the state of North Dakota, and subject 
to approval as provided by law; provided, further, if a surety 
bond is given it shall be given for a sum fixed by the board 
of directors. 

Sec. 2. Chap. 187, Laws 1891. PREMIUMS FOR 
SURETY BOND. — The amount of premiums for such surety 
or fidelity bond shall be audited by the board of director's 
and paid out of the general fund of the district. 



STATE OF NORTH DAKOTA. 35 

Sec. 686. SCHOOL FUNDS, HOW PAID OUT.— The school 
treasurer shall keep such accounts and make such reports as are 
required of him hj law and shall publish his annual statement in 
a. newspaper published in the nearest cit}- or town to his district. 
He shall pay no money out oif the school funds in his hands except 
upon the warrant of the school board, signed by the president 
and countersigned by the clerk. He shall pay all warrants prop- 
erly drawn and signed when presented, if there is any money in 
his hands or subject to his order for their payment. 

Sec. 687. WARRANTS TO BE INDORSED WHEN NO 
FUNDS TO PAY. — When a warrant is presented to the treasurer 
for payment and there is no money in his hands or subject to his 
order belonging to the proper fund for the payment of such war- 
rant, he shall indorse on such warrant "fpresented for payuient 

this. . . .day of . , 190. ., and not paid for want of funds,*' 

and shall sign such indoirsement. If he has in his hands or saib- 
ject to his order money for the part payment of such warrant, 
he shall make such part payment and indorse the sum on the 
warrant and add ''balance not paid for want of funds," signing 
the same. He shall keep a correct register of all warrants so 
presented and indoirsed. Each warrant thus presented and in- 
dorsed shall draw interest on the amount unpaid at eight per 
cent per annum from the date of such presentation and indorse- 
ment until paid; provided that when there shall come into the 
hands of the treasurer ot subject to his order money applicable 
to the payment of any warrant which has been so presented and 
registered, the treasurer shall notify in writing by mail the 
drawee of such warrant at his last known place of residence to 
present such warrant for payment, and interest shall cease upon 
every such warrant ten days after such notice shall have been 
sent, and such money shall be held for the payment of such war- 
rant. 

Sec. 688. WARRANTS, WHAT TO SPECIFY.— Each war- 
rant draiwn by the clerk of the board on the district treasurer 
must specify the pui'pose for which it is drawn, the fund on which 
it is drawn, and the person to whom payable; and no warrant 
shall be issued except for an indebtedness incurred prior to its 
issue. 

Sec. 689. OATHS AND BONDS, AVHERE TO BE FILED.— 
All oificial oaths and bonds of school district officers sihall be 
tiled with the district clerk, who shall immediatel}' certify to the 
county superintendent the fact of such oaths and bonds being 
filed. iSaid clerk shall file school treamirer's bond with county 
auditor after such bond has been aipproved by the district school 
l)oard, as provided in this chapter. In case of the breach of any 



36 GENERAL SCHOOL LAWS, 

of the oonditions of the treasurer's bond, the board, through its 
president, and in case of his refusal so to do, the county superin- 
tendent shall cause an action to be commenced and prosecuted 
thereon in the corporate name of the district, and any money col- 
lected for the district shall be paid to the district treasurer and 
any money collected for tines shall be paid into the county treas- 
ury and be credited to the general school fund of the state. If 
the board and county superintendent both fail or refuse to bring 
ssuch action any taxpayer in the district may comnience and 
prosecute such actiom, and the necessary expense thereof shall 
be paid out of the district treasury unless otherwise ordered by 
the court. 

Aeticle 6.— Powers and Duties of District School Boards. 

Sec. 690. SALAKY OF SCHOOL TREASURER.— The school 
treasurer shall be paid for his services such sum as shall be fixed 
by the board not less than five nor more than twenty-five dollars 
per annum. 

Sec. 691. GENERAL POWERS.— The district school board 
shall have the general charge, direction and management of the 
schools of the district, and the care, custody and control of all 
the property belonging to it, subject to the provisions of this 
chapter. 

Sec. 692. POWER TO ESTABLISH SCHOOLS.— It shall or- 
ganize, maintain and conveniently locate schools for the education 
of children of school age within the district, and change or dis- 
continue any of them in the cases provided by law. 

Sec. 693. REPAIRS, FUEL AND SUPPLIES.— It shall make 
all necessary repairs to the school houses, outbuildings and ap- 
purtenances, and shall furnish fuel and all necessary supplies for 
the schools. 

Sec. 694. FURNITURE, MAPS, REGISTERS, SCHOOL LI- 
BRARY. — It shall furnish to each school all necessary and suit- 
able furniture, maps, charts and apparatus, including Webster's 
International Dictionary. The school registers and all school 
blanks used shall be those furnished by the state department of 
public instruction. It shall have power to purchase and keep 
for the use of the inhatoitants of the school district a circulating 
library of the value of not more than fifty dollars, to be selected 
by the school board from any list of books approved by the super- 
intendent of public instruction, and furnished by the county 
superintendents for that purpose, and it shall not purchase any 
books not contained in such list. With the consent of a majority 
of the voters of the district at a meeting duly called for that pur- 



STATE OF NORTH DAKOTA. 37 

pose, due notice of which has been given as provided by law for 
other meetings of the voters of the school district, the district 
school board may purchase and select a library of the value of 
TOore than fifty dollars but not to exceed one hundred dollars in 
value. It shall have the care and custody of the library and 
may appoint as librarian any suitable pei^son including one of 
their own number. It shall make rules to govern the circula- 
tio'n and care of the hooks while in the hands Oif pupils or other 
persons and may impose and collect penalties for injuries done 
to any book by the act, negligence or permission of the person 
who takes the same or while in his poissesision. No book shall be 
loaned for a longer period than two weeks at any time to any one 
person and never to any person not a resident oif the district. The 
library shall be open at least once each week for the accommoda- 
tion of its patroiis. It shall, under proper rules permit teachers 
to take books from the library to their ischools for use in illustrat- 
ing any sulbject and for instruction. It may at any time exchange 
any part or all of its library with any other district or person, so 
far ais different hooks miay be so obtained, for equal values of the 
books exchanged, and inay at any time accept donations of books 
for the library, but it shall exclude therefrom all hooks unsuited 
to the eultivation oif good character and good morals and man- 
ners, and no sectarian publications devoted to the discussion of 
sectarian differences and creeds shall be admitted to the library. 

Sec. 695. TEACHERS, HOW EMPLOYED. SALARIES, 
HOW GRADED.— It shall employ the teachers of the school dis- 
trict, and may disimiss a teacher at any time for plain violation 
of contract, gross immorality or flagrant neglect of duty. No 
person ishall be permitted to teach in any public school who is not 
the holder of a teacher's certificate or a permit to teach, valid in 
the coiunty or district in which such school is situated ; and every 
contract for the employment of a teacher must be in writing, and 
such contract must be executed before such teacher begins to 
teach in such schools. It shall grade the salaries of teachers for 
The district in accordance with the grades of certificates, and no 
teacher holding a certificate of a lower grade shall be paid a sal- 
ary equal to or in excess of that paid to a teacher holding a cer- 
tificate of a higher grade in the same district. 

Sec. 696. PUPILS FROM OTHER DISTRICTS.— It shall have 
the power to admit to the schools in the district pupils from 
other districts when it can be done without injuring or over- 
crowding such schools, and shall make regulations for their ad- 
mission and the payment of their tuition. It shall have the 
power to arrange with the board of an adjacent district for send- 
mg to such district such pupils as can conveniently be taught 
therein, and for paying their tuition. It shall have the power 



88 GENERAL SCHOOL LAWS, 

to admit to the scliools in the district pupils residing in unorgan- 
ized territory adjacent to the district, and shall arrange with the 
parents or guardians of such pupils for paying their tuition; but 
in no instance shall a hoard refuse school privileges to or collect 
tuition from pupils residing in such adjacent unorganized terri- 
tory if the parents o>f such pupils are property holders in the dis- 
trict and pay taxes. It shall also have the power to make proper 
snd needful rules for the assignment and distribution of pupilt^ 
to and among the schools in the district and their transfer from 
one school to, another. 

Sec. 697. RULES. SUSPENSION OF PUPILS.— It shall as- 
sist and co-operate with teachers in the government and discipline 
oif the schoiols, and ma^^ make proper rules and regulations there- 
for. It may suspend or expel from school any pupil who is in- 
siubordinate or habitually disobedient, hut such suspension shall 
not be for a longer period than ten days nor such expulsion beyond 
the end of the current term ol school. 

Sec. 698. BRANCHES OF STUDY.— Subject to the approval 
of the county superintendent, it shall have power to deteraiine 
what branches, if any, in addition to those required by law shall 
be taught in any school of the district. 

Sec. 699. TAX LEVY. NOTICE TO COUNTY AUDITOR.— 
It shall have power to levy upon the property in the district a tax 
for school purposes of not exceeding thirty mills on the dollar 
in an}^ year, which levy shall be made by resolution of the board 
pnor to the twentieth day of July. The clerk shall immediately 
thereafter notify in writing the connty auditor of the amount of 
lax so levied. It shall not have power to abate or reduce the 
amount of tax so levied after the county auditor has been notified 
of the aimount of such levy. 

Sec. 700. WHEN SCHOOL HOUSES CAN BE USED FOR 
OTHER PURPOSES.— It may permit a school house, when not 
occupied for school purposes, to be used under cai'eful restric- 
tions for any proper purpose, giving equal rights and privileges 
lo all religions denominations or political parties, but for au}^ 
such use or privilege it shall not he at any cost for fuel or other- 
wise to the district. Nor shall any furniture which is fastened 
to the floor be removed, and whoever removes any school furni- 
ture for any other purpose than repairing the same or for repair- 
ing the school room shall be guilty of a misdemeanor and shall 
be fined not less than five nor more than ten dollars for each 
offense. All fines imposed and collected under the provisions 
of this section shall he paid into the general school fund of the 
state. 



STATE OF NORTH DAKOTA. 39 

Sec. 701. SCHOOL HOUSES AND SITES, HOW DETER- 
MINED. — ^Whenever in the judgment of the board it is desiraible 
or necessary to the welfare of the schools in the district or to 
provide for the children therein proper school privileges, or when- 
ever petitioned so to do iby one-third of the voters in the district, 
the board shall call a meeting of the voters in the district at some 
convenient time and place fixed by the board to vote upon the 
question of the selection, purchase, exchange or sale of a school 
house site, or the erection, removal or sale of a school house. 
Said election shall be conducted and votes convassed in the same 
manner as at the annual election of school officers. Three notices 
of the time, place and purpose of such meeting shall be posted in 
three public places in the district (by the clerk, at least ten days 
prior to such meeting. If a majority of the voters present at 
such meeting shall by vote select a school house site, or shall be 
in favor of the purchase, exchange or sale of the school house, as 
the case may 'be, the board shall locate, purchase, exchange or 
tell such site, or erect, remove or sell such school house, as the 
case may be, in accordance with such vote; provided, that it shall 
require a vote of two-thirds of the voters present and voting at 
such meeting to order the removal of the school house and such 
school house so removed cannot again be removed within three 
years from the date of such meeting. 

Sec. 702. SCHOOL HOUSE SITES, HOW OBTAINED.— The 
school board of any school district may take in the corporate 
name thereof, any real property not exceeding two acres in area 
chosen as a site for school house, as provided in this chapter, and 
may hold and use such tract for school purposes only. Should 
■*he owner of such real property refuse or neglect to grant and 
convey such site, a site for such school house may be oibtained by 
proceeding in eminent domain as provided in the code of civil 
procedure. If the site so selected is not used for the 'purposeis 
tor which it is taken for two successive years, it shall revert to 
the original otwner or his assigns upon repayment of the sum 
originally paid by the corporation together with a reasonable 
consideration for the improvement. If such owner or his assigns 
neglects or refuses to make such repayment for one year after 
demand therefor by the board such site shall be the property of 
the district. 

Sec. 703. SCHOOLS TO BE ORGANIZED ON PETITION.— If 
a petition signed by the persons charged with the support and 
having the custody and care of nine or more children of school 
age, all of whom reside not less than two and one-'half miles from 
The nearest school is presented to the board asking for the organ- 
ization of a school for such children, the board snail organize 
such school and employ a teacher therefor if a suitaible room for 



40 GENERAL SCHOOL LAWS, 



such school can be leased or rented at some proper location, not 
more than two and one-half, miles distant from the residence of 
any one of such children, and if such petition is signed by the 
persons charged with the support and having the custody and 
care oif twelve or more such children the board shall organize a 
school and employ a teacher therefor, and if no suitable room for 
such scho'ol can be leased or rented, the board shall call a meet- 
ing of the voters of the district for the selection and purchase of 
a school house site therefor and the 'purcliase or erection of a 
school house as provided for in section 701. If at such meeting 
no isuch site is selected or if it is not voted to erect or purchase a 
school house for such school the board shall select and purchase 
a school house site, and erect, purchase or move thereon a school 
house at a cost of not more than seven hundred dollars for such 
house and furniture therefor; provided, that the provisions of this 
section shall not apply in instances where schools have been con- 
solidated in accordance with the provisions of section 704. 

Sec. 704. SCHOOL TERMS, HOW ARRANaED AND WHEN 
1 »ISCOXTINUEI). C»XSOLTI)ATIOX OF COMMON SCHOOLS. 

— The district board shall determine and tix the length of time 
the schools in the district shall be taught each year, and when 
each term of school shall begin and end. It shall so arrange such 
terms as to accommodate and furnish school privileges equally 
and equitably to pupils of all ages; provided, that e^ery common 
school shall be kept in session for not less than four months in 
each school year, and in every district in which the number of 
persons of school age is an average oif fifteen or more to the 
school, each school shall be kept in sessiou for not less than six 
months in each school year; provided further, that any school may 
be discontinued when the average attendance of pupils therein for 
ten consecutive days shall be less than four, and all contracts be- 
tween school boards and teachers shall contain a provision that 
no compensatdon shall be received by such teacher from the date 
of such discontinuance, or when, with the consent of a majority of 
the patrons of such school, proper and convenient school facili- 
ties can be provided for the pupils therein in some other school ; 
provided further, that a board may call, and if petitioned by a 
majority of the voters in the district, shall call an election to de- 
termine the question of consolidating two or more common 
schools, and of selecting a site and erecting a suitable building 
or of makino; suitable additions to buildings already erected, to 
accommodate the pupils of schools to be vacated. Said elections 
shall be conducted both as to notices and as to manner of canvass- 
ing the votes in the same manner as the annual school election. 
If two-thirds of the votes cast at such election are in favor of 
consolidating two or more schools and of providing a suitable 



STATE OF NORTH DAKOTA. 41 

building for the accoimmodation ol the pupils of vacated schools, 
then the board shall make all necessary arrangements to carry 
out the decision of the district. The board shall arrange for the 
transportation of pupils to and from such general school. It 
shall establish routes oif travel, adopt rules and regulations for 
such transportation and shall contract with responsible parties 
for such transportation. 

Sec. 705. ADDITIONAL SCHOOL TIME.— If a majority of 
the patrons of any school averaging for its last term twelve or 
more pupils in daily attendance, shalLpetition the board to con- 
tinue such school for an additional time, not exceeding nine 
months in any school year, the board shall continue such school 
for that length of time, if there are funds in the treasury sufficient 
for that purpoise. 

Sec. 706. DISTRICT HIGH SCHOOLS, HOW ESTABLISHED 
AND COXTBOLLED. — In any district containing four or more 
common schools and having an enumeration of sixty or more 
persons of school age residing therein the board may call, and if 
petitioned so to do by ten or more voters in the district, shall call 
a meeting of the voters of such district in the manner preiscribed 
in section 700 to detei-mine the question of the establishment of 
a district high school. If a majority of the voters at such meet- 
ing vote in favor of establishing such high school, the meeting 
shall further proceed to select a site therefor and to provide foi' 
the erection or purchase of a school building, or for the necessary 
addition to some school building therefor. Thereupon the board 
shall erect or purchase a building or make such addition for such 
high school, as shall be determined at such meeting, and shall 
establish therein a district high school contaiining one or more 
departments, and employ teachers therefor. Such school shall 
be kept in session for such time each year not less than three 
months, as the board may determine. The board shall, subject 
to the approval of the county superintendent, grade such high 
school and prescribe the studies to be pursued therein, and shall 
have the saime management and control thereof as of the comimon 
schools in the district. Two or more adjacent school districts 
may join in the establishment and maintenance of such high 
school, when empowered so to do by a majority oif the voters in 
each district at a meeting called and held as provided for in this 
section, in which case the building and furniture occupied and 
nsed for such high school shall belong to the districts so uniting, 
and all the costs of imaintaining such school, including wages of 
teachers and all necessary supplies shall be paid by such districts 
in iproiportion to the assessed valuation of the property in each, 
and the employment of teachers therefor, and the management, 
control and grading thereof shall be vested in the joint boards of 



42 GENERAL SCHOOL LAWS, 

such districts, subject to the approval of the county superintend- 
ent of the county in which such school is situated. 

Sec. 707. SCHOOL CENSUS. ANNUAL SCHOOL RE- 
PORT. — The iboard shall cause the clerk to make an enumeration 
each 3'ear of all unmarried persons of school age, being over six 
and under twenty years of age, having their legal residence in the 
district on the first day of June of that year, giving the names and 
ages of such persons and the names of the parents or guardians 
having the care and custody of each. iSuch enumeration shall be 
made upon and in accordance with the blanks furnished therefor 
by the county superintendent and shall be returned to the county 
saperintendent prior to the tM^entieth day of June. A copy of 
such enumeration shall also be kept in the office of the district 
clerk. The board shall also cause the district clerk to make out 
an annual report for the year beginning July first and ending 
June thirtieth, containing such financial and statistical state- 
ments and items as shall be required by the superintendent of 
public instruction upon and in accordance with the blanks fur- 
nished therefor by the county superintendent. Such report shall 
be carefully exiamined and certified as correct by the board at its 
regular meeting in July and transmitted to the county superin- 
tendent prior to the first day of August following. A copy of 
such report shall be filed in the district clerk'si office; provided, 
that special school districts, independent districts and districts 
organized for school purposes under special law, shall enumer- 
ate their children of school age on the first day of December, or 
within the next twenty days following, and such enumeration 
shall be reported to the county superintendent by the clerk. 

Sec. 708. RECORDS OPEN TO INSPECTION.— All reports,, 
books, records, vouchers, contracts and papers relating to school 
business in a school district in the office of the clerk or treasurer, 
shall at all times be open to the imspection of any director, who 
shall advise and aid in securing correct records and accounts and 
legal reports, and they shall likewise be open to the superin- 
tendent of public instruction, and coiunty superintendent and any 
particular paper or record shall be exhibited at reasonable hours 
to any voter or taxpayer. 

Sec. 709. RECORDS AND TEACHING IN ENGLISH.— All 
reports and records of school officers and proceedings of all school 
meetings shall be in the English language, and if any money be- 
longing to any district shall be expended in supporting a school in 
which the English language shall not be taught exclusively, the 
county superintendent or any tax payer of the school corporation 
may in a civil action in the name of the corporation recover for 
such coi'poration all such money from the officer so expending it 
or ordering or voting for its expenditure. 



STATE OF NORTH DAKOTA. 4-^'; 

Section 1. Chap. 188, Laws 1901.— STABLES IN RUKAL 
DISTRICTS. — If in any rural school district, a petition 
signed by the perisons charged with the support and having^ 
Ithe custody and care of eight or more children of school age- 
is presented to the school board asking for the building of a 
suitable stable upon the school site, the board shall provide 
such stable without unnecessary delay. 

Sec. 2. Chap. 188, Laws 1901.— HITCHING POSTS.— It 
shall be the duty of the school boai'd in rural districts to pro- 
vide four substantial hitching posts for each school site in, 
the district. 

Akticle 7. — School Funds. 

Sec. 710. STATE TUITION FUND, HOW RAISED.- The net 

proceeds arising from all fines and penalties for violation of state 
laws, from leasing the school lands and the interest and income 
from the state permanent school fund shall be collected and paid 
into the state treasury in the same manner as is provided by law 
for the collection and payment of state taxes, and shall consti- 
tute the state tuition fund, which shall be apportioned among 
the several counties of the state in proportion to the number of 
<-hildren of school age in each as shown by the last enumeration 
authorized by law. 

Sec. 711. COUNTY TREASURER TO REPORT STATE TUI- 
TION FUND QUARTERLY. SUPERINTENDENT OF PUBLIC 
INSTRUCTION APPORTIONS. -It shall be the duty of the 
county treasurer to receive from the iproiper officers the net pro- 
ceeds of fines, penalties and forfeitures for violation of istate 
laws, and all moneys arising from leasing school lands within 
the county, and to forward a detailed statement of moneys so 
collected, specifying the amount received from each of the above 
sources, to the state auditor at the same time that he is required 
to make reports of other moneys to such auditor. It shall be the 
duty of the state auditor on or before the third Monday in Febru- 
iirj, May, August and November in each year to certify to the 
superintendent of public instruction the amount of the state tui- 
tion fund, and the superintendent of public instruction shall im- 
mediately apportion such fund among the several counties of the 
state in proportion to the number of children of school age re- 
siding in each as shown by the last enumeration provided for by 
law and certify to the state auditor, state treasurer and to the 
county treasurer and count}^ superintendent of each county, the 
amount apportioned to the respective counties, imimediately 
upon receipt of such apportionment from the state superin- 
tendent as herein provided, the state auditor shall draw a war- 



44 GENERAL SCHOOL LAWS, 

rant upon the state treasurer for the full amount of the state 
tuition fund apportioned to the iseveral counties and shall de- 
liver the same to the state treasurer, taking his receipt therefor, 
and shall notify the several county treasurers of the amounts due 
their respective counties and that such warrant has been issued 
Therefor and the state treasurer shall pay on s/uch warrant to the 
several county treasurers the amount due their respective coun- 
ties; provided, hoiwever, that all moneys arising from interest on 
the permanent school fund and fromi leasing school lands shall 
be aipportioued under a separate item and such money shall be 
taken account of as a separate item by all officers making or cer- 
tifying such apportionment, or through whose hands any portion 
of such fund shall pass and it is further made the duty of the dis- 
trict treasurer to keep such fund separate from all other funds 
and if at the close of the school year any part of such fund which 
was apportioned prioir to the third Monday of November of such 
year remains in the hands of the district treasurer, he shall re- 
turn the same to the county treasurer, taking his receipt therefor, 
and the county treasurer shall return all such funds so returned 
or that were not drawn b}' the district treasurer from the county 
treasury to the state treasurer who shall receipt for the same, 
and the county treasurer shall certify to the state auditoir the 
amount so returned to the state treasurer. 

Sec. 712. FUNDS DEFINED. HOW USED.— All money re- 
ceived by the school district from the apportionment made by 
the superintendent of public instruction shall constitute and be 
designated the state tuition fund. All money received from dis- 
trict taxes, from subscription, from sale of property, or from any 
other source whatever except from apportionment made by the 
superintendent of public instruction, shall be designated the 
special fund. In addition to the state tuition fund and the 
special fund, a sinking fund may be established as provided by 
this article. The state tuition fund shall Ibe used only in the pay- 
ment oif teachers' wages; provided, that if the state tuition ap- 
portioned to any district in any one year is insufficient for the 
payment of teachers* wages in such district any money on hand or 
available belonging to the special fund of such district may be 
applied to meet such deficiency; provided, further, that if the state 
tuition fund apportioned to any one district in any one year is 
more than sufficient for the payment of teachers' wages in such 
district the portion of such fund in excess of the amount so re- 
quired may be applied to the payment of warrants drawn upon 
the special fund of such district, if such district has school the 
required numlber oif months during such year as required by law. 

Sec. 713. FUNDS CONTROLLED AND PAID OUT BY DIS- 
TRICT TREASURER.— All funds shall be kept in the possession 



STATE OF NORTH DAKOTA. 45. 

or under the control of and paid out b}' the district treasurer, 
except as otherwise provided in this chapter, and he shall keep 
one general account for each district of the entire receipts and 
expenditures, and separate itemized accounts as herein provided 
for each class of receipts and expenditures. His books shall at 
all times show by entries under proper heads all receipts of funds 
and payments made therefrom, so as to enalble any person read- 
ily to ascertain any balance in account of any fund. 

Sec. 714. NOT ENTITLED TO TUITION FUND, WHEN. 
ENUMERATION. — No school district shall be entitied to re- 
ceive any portion of the state tuition fund that fails to make a 
report of the enumeration of children of school age in the manner 
provided by law, nor until such enumeration has been taken and 
reported as required by law. The connty superintendent of 
schools shall not authorize the payment of money apportioned to 
any district unless the bond and oath of such treasurer has been 
duly approved and filed, as provided for by section 689. New 
districts organized after the annual enumeration has been taken 
shall proceed immediately to take the enumeration as provided 
by law, and after the receipt of such enrameration by the super- 
intendent of public instruction through the county siuperin- 
tendent, the newly organized district shall receive its propor- 
tionate share of the funds to be apportioned. 

Sec. 715. (Amended.)— APPORTIONMENT OF STATE TUI- 
TION FUNDS BY COUNTY SUPERINTENDENT.— Within 
thirty days and not less than twenty days after receiving the 
certificate of apportionment from the superintendent of public 
instruction and the certificate from the county auditor, as pro- 
vided for in section 722 of this chapter, the county siuperinten- 
dent shall apportion separately to the several school districts, 
special districts, independent districts, and districts organized 
under special laws which are entitled to any portion of the state 
tuition and special funds within the county in proportion to the 
numlber of children residing in each district over six and under 
twenty years of age, excluding all married personis, as appears 
from the last enumeration authorized by law upon which the 
superintendent of public instruction made the apportionment to 
the several counties, and he shall immediately notify each dis- 
trict treasurer of the amount of tuition and all other school 
moneys in the countv^ treasury due each district; and shall certify 
to the count}" treasurer and to the county auditor the amount 
due each school district. The county treasurer shall deliver to 
the several district treasurers upon the order of the county 
auditor the amounts apportioned to their respective districts. 
taking a receipt therefor. 



.46 GENERAL SCHOOL LAWS, 



Sec 716 SPECIAL AND INDEPENDENT DISTRICTS AND 
DISTRICTS ORGANIZED UNDER SPECIAL LAWS ENTITLED 
TO TUITION FUNDS. — ^Special and independemt school districts 
11 nd districts organized under special laws sball be entitled to 
receive their proportion of the state and special tuition funds ; 
provided, that the clerk or secretary of the board of education 
thereof shall make a report to the county superintendent of the 
enuimeration of children of school age therein at the time and in 
the manner prescribed in this chaipter. 

Sec. 717. (Amended.)— TREASURER'S ACCOUNTS. AN- 
NUAL SETTLEMENT.— The 'district treasurer shall open new 
accounts with each fund at the beginning of each school jeav, 
and the balance of each fund shall be broiight down and become 
a part of the first entry in opening the account for the new year. 
On the second Tuesday in July the school board shall make settle- 
ment with the district treasurer, and shall carefully examine his 
books, accounts and voiuchers and shall ascertain if the amount 
of all warrants, bonds and coupons paid and redeemed or paid in 
part, together with the cash in his hands or under his control, is 
i-qual to the amount of the cash' on hand at the beginning of the 
school year, together with all money received by him from all 
sources for school purposes during the year. The district treas- 
urer shall deliver to the board at such annual meeting all war- 
rants, bonds and coupons paid and redeemed by him during the 
school year and held by him as vouchers, taking the receipt of 
the board therefor, and such vouchers shall forthwith be filed 
with the district clerk. He shall at that meeting make his an- 
nual report in triiplicate, one copy to be preserved in the treas- 
urer's office, one to be filed with the clerk of the school board and 
one to be transmitted to the county siuperintendent of schools, 
and the board shall cause to be published an itemized statement 
of the receipts and expenditures of the preceding year in a news- 
ijaper of the county nearest said ;school district: provided, that 
if said board or treaisurer shall have failed to puhlish said state- 
ment by the first of September following the presentation of the 
treasurer's annual report' then it shall be the duty of the county 
superintendent of schools to cause the publication of the same in 
a newsipaper of the county, said publication to be paid for by 
the school district. The treasurer's reports shall show the fol- 
lowing: 

RECEIPTS. 

The balance at the close of the year. 
The amount received into the state tuition fund. 
The amount received into the state special fund. 
The amount received into the sinking fund. 



SIATE OF NORTH DAKOTA. 47 



EXPENDITURES. 

The amoiunt paid for school houses, sites and furniture. 

The amount paid for apparatus and fixtures. 

The amount ipaid for teaeheris' wages. 

The lamount paid for services and expenses of school officers. 

The amount paid for redemption. of bonds. 

The aimoiunt paid for interest on bonds. 

The amount paid for incidental expenses. 

The cash on hand at the close of the school year. 

Such report shall include such other items as may be required 
by the district board, or the superintendent of public instruction. 
and shall be upon and in conformity with the blanks furnished 
him for that purpose. 

iSec. 718. WHEN COUNTY TREASURER TO PAY FUNDS 
TO DISTRICT TREASURER.— The treasurer of each district 
shall apply to the county auditor for an order, and the county 
treasurer shall pay over to him on such order all of the school 
money collected for such district and all school money appor- 
tioned to such district by the county superintendent, and the 
t;ounty auditor shall issue such order; provided, such district 
treasurer has qualified and filed his oath and bond as provided 
by law. It shall be the duty of the county treasurer, when pay- 
ment is made to any school treasurer of any funds herein pro- 
vided for, immediately to notify the clerk of the school board of 
the payment of the same. 

Sec. 719. COUNTY TREASURER TO KEEP ACCOUNTS 
WITH SCHOOL CORPORATIONS.— Each county treasurer shall 
keep a regular account with each school corporation, in which 
he shall charge himself with all taxes collected by levy of the dis- 
trict school board and all sums apportioned to the district by the 
county superintendent or other authoirity and all sums received 
for the district, and he shall credit himself with all payments 
made to the treasurer of the district, distinguishing between the 
item's paid by aipportionment, thoise from county taxes and those 
from other sources. He shall also credit himself with all pay- 
ments for redemption or indorsement of wairrants in the collection 
of taxes and shall deliver to the district treasurer a duplicate tax 
receipt for the amount of each warrant so indorsed or redeemed 
together with all warrants so redeemed at the time of making 
other regular payments to the district treasurer. To these cred- 
its, to balance the accounts, he shall add all items for legal fees, 
for collection and other duties. 

Sec. 720. SCHOOL TAXES, HOW AND WHEN COLLECTED. 
It shall be the duty of the county treasurer to collect the taxes 



48 GENERAL SCHOOL LAWS, 

for school purposes at the same time and in the same manner that 
Ihe county and state taxes are collected, and full power is hereby 
given him to sell property for school taxes the same as is provided 
by law for the collection of other taxes. Whenever an error oc- 
curs in any school corporation's tax list the district school board 
or board of education in special or independent districts or dis- 
tricts organized under special laws may correct such errors and 
refund such taxes improperly collected. All penalties and 
interest collected on delinquent school taxes shall be applied to 
the proper fund to which such delinquent taxes belong. 

Article 8. — Taxes. 

Sec. 721. SCHOOL BOAED TO LEVY TAX.— Each district 
school board shall have power and it shall be its duty to levy 
upon all the property subject to taxation in the district a tax for 
school purposes of all kinds authorized by law, not exceeding in 
the aggregate a rate of thirty mills on the dollar in any one year. 
Such tax shall be levied by resolutio'n of the board prior to the 
twentieth day of July in each year, which resolution shall be 
entered in the records of the proceedingis of the board. The clerk 
shall iimmediately thereafter notify the county auditor in writing 
of the amomnt of tax so levied, and such notice shall be in sub- 
stantially the following form: 

State of Noirth Dakota. ) 

County of I ss. 

School District ) 

To 

County Auditor of County. 

Sir : 

You are hereby notified that the school board of school 

district has levied a tax of dollars upon all real and 

personal property in said school district for school purposes. 
You will duly enter and extend such tax upon the county tax list 
for collection upon the taxable property of such school district 
for the current year. 

Dated at this dav of 190. . 



District Clerk. 



The notice of a tax to pay any judgment against the district 
shall be in addition to the regular tax and shall be certified to the 
county auditor under the same general form, as near as may be ; 
provided, that if the boundaries of such district shall embrace a 
portion of two coiunties then the clerk of such district shall cer- 
tify to the county auditor of the county in which is located the 



STATE OF NORTH DAKOTA. 49 

original district to which such portion of the district embraced 
in fhe other county is attached in addition to the tax levy above 
mentioned, a list and valuation oif all property subject to taxation 
in such portion of such district embraced in the other county, as 
shown by the assessor making the assessment in such county, 
township or assessors district, and the auditor shall enter such 
property upon the tax duplicate of his county and levy all school 
Taxes upon the same, and the coiunty treasurer of the county shall 
collect the taxes levied thereon the sa\me as other taxeis are col- 
lected and pay the same over to the treaisurer of the district en- 
titled thereto. 

Sec. 722. TAX, HOW LEVIED, HOW APPORTIONED. AP- 
PORTIONMENT OF DELINQUENT TAXES.— 1. Tlie county 
auditor of each county shall at the time of making the annual 
assessment and levy of taxes levy a tax of one dollar on each 
elector in the county for the support of common schools, and a 
further tax of two mills on the dollar on all taxaible property in 
the county, to be collected at the same time and in the same man- 
ner as other taxes are collected, which shall be apportioned by 
the county superintendent of schools among the school districts 
of the county. 

2. It shall be the duty of the county auditor on or before the 
third Monday in February, May, August and November in each 
year, to certify to the coiunty superintendent of schools the 
amount of such county tuition fund, which the countj^ superin- 
tendent of schools shall apportion aiuiong the several school dis- 
tricts in the same form and manner as provided for the appor- 
tionment of the state tuition fund. The countv superintendent 
shall file with the county auditor and the coointy treasurer a cer- 
tified statement showing the amount apportioned to each district. 

3. It shall also be the duty of the county auditor to certify at 
ihe time herein specified the amount of delinquent taxes collected 
for the Sipecial tuition fund prior to thoise levied for the year 1899, 
which amounts shall be apportioned by the county superintendent 
of schools as herein provided; and the county treasurer shall pay 
such amounts to the district treasurers the same as other special 
funds are paid. 

Sec. 723. MAXIMUM LEVY FOR FINAL 'JUDaMENT. 
TAXES TO BE UNIFORM.— When any final judgment shall be 
obtained against a school district the board thereof shall levy a 
tax upon the taxable property of such district not exceeding in 
amoiunt twenty mills on the dollar in any one year, which shall 
be used in the payment thereof. The county auditor shall make 
out, charge and extend upon the tax list against each description 
of real proper-ty and against all personal property, and upon all 



50 GBNEIRAL SCHOOL LAWS, 

taxaible property of the district, all such taxes foT schools and 
judgiments he is so notified has been levied by the district in 
which the property is situated and taxable, in the same manner 
in which the county and state tax list is prepared, and deliver it 
to the county treasurer at the same time. All taxes for school 
purpoises shall he uniform upon the property within each school 
district. 

Sec. 724. STATEMENT OF ASSESSED VALUATION.— E'ach 
assessor shall on or before the first day of July in each year fur- 
nish to the clerk of the school district, to the county superintend- 
ent of schools and to the county auditor a statement of the 
assessed valuation of all the property in such corporation subject 
to taxation. 

Sec. 725. INDEBTEDNESS OF DISTRICT, HOW ADJUSTED 
WHEN NO LEGAL SCHOOL BOARD EXISTS.— If any school 
district in the 'State has for one or more years past, either through 
failure to elect a school board or through failure of the county 
superintendent to appoint a school board, been without a legal 
schoiol board or if hereafter any school district through such fail- 
ure to elect or to appoint such school board shall be without such 
legal school board and such district shall have an authorized in- 
debtedness either in bonds, interest due on bonds or otherwise, 
it shall be the duty of the county superintendent, the county treas- 
urer and county auditor, acting as a board of adjusters, to assess 
upon the taxable property of such school corporation a tax not 
to exceed twenty mills on the dollar in any one 3^ear upon the 
assessed valuation thereof for the payment of the same. Which 
tax so levied shall be extended upon the tax lists by the county 
auditor and be collected by the county treasurer as other taxes 
are collected and shall he applied upon and used for the payment 
of such indebtedness, and shall be paid to the creditors of such 
district upon the warrant of the county auditor countersigned 
by the county superintendent, and all warrants, bonds, interest 
ccupons, receipted bills or accounts shall be filed in the ofiice of 
the county auditor aud in case such school corporation has a 
bonded indebtedness, it shall be the duty of such board of adjust- 
ers to levy a tax upon the property of such district sufficient to 
create a sinkfng fund for the redemption of such bonds upon the 
maturity of the same, such sinking fund to be levied and provided 
for in compliance with the requirements of such bonds. 



STATE OF NORTH DAKOTA. 51 



Article 9. — Vacancies. 

Sec. 726. VACAXCY IN OFFICE SUPERINTEXDEXT PUB- 
IJO INSTRUCTION FILLED BY APPOINTMENT.— Should a va- 
cancy occur in the office of the superintendent of public instruc- 
tion, the governor shall have power and it shall be his duty to fill 
such vacancy- by appointment, which appointment shall be valid 
until the next general election and until his successor is elected 
and qualified. 

Sec. 727. VACANCY IN OFFICE OF COUNTY SUPERIN- 
TENDENT. — Should a vacancy occur in the office of county super- 
intendent of schools, the board of countj' commissioners of such 
county shall have the power and it shall be their duty to fill such 
vacancy by appointment, as provided by law, which appointment 
shall be valid until the next general election. The county aud- 
itor shall immediatel}' notify the superintendent of j)ublic in- 
struction of such appointment. 

Sec. 728. VACANCY IN OFFICE OF DIRECTOR OR TREAS- 
URER, HOW FILLED.— When any vacancy occurs in the ofiice 
of director or treasurer of a school district by death, resignation, 
removal from the district, or otherwise, the fact of such vacancy 
shall be immediately certified to the county superintendent by the 
clerk of the district, and such superinitendent shall immediately 
appoint in writing some competent penson, who shall qualify and 
serve until the next annual school election. The county super- 
intendent shall at the same time notify the clerk of the school dis- 
trict and the county auditor of every such appointment. 

Sec. 729. VACANCY IN OFFICE OF CLERK, HOW FIILED. 
— Should the office of clerk of a school district become vacant, 
the school board shall immediately fill such vacancy by appoint- 
ment ai>d the president of the board shall immediately notify the 
county superintendent and the county auditor of such appoint- 
in en t. 

Sec. 730. OFFICE, WHEN DEEMED VACANT.— Any office 
of a school district shall become vacant by resignation of the "in- 
cumbent thereof, but such resignation shall not take effect until 
a successor has qualified according to law. Any office of a school 
district shall be deemed vacant if the person duly elected thereto 
shall neglect or refuse for the period of two weeks after the be- 
ginning of the term for which he was elected, to accept and qual- 
ify for such office and serve therein. Any school officer may be 
removed from office by a court of competent jurisdiction, as pro- 
Tided by law. 



52 GEJNBRAL SCHOOL LAWS, 



Aeticle 10. — Equalization of Indebtedness. 

Sec. 731. EQUALIZATION OF INDEBTEDNESS BY ARBI- 
TRATION. — After the boundaries of a school district have been 
established, as provided for in this chapter all school districts or 
parts of school districts that existed as school corporations, or as 
parts thereof before the taking effect of this code and that are 
ROW included in o-ne school district shall effect an equalization of 
property, funds on hand and debts, or whenever the boundaries 
of two or more districts are rearranged, all districts affected by 
such change shall effect an equalization of property, funds on. 
hand and debts. To effect this each school board of such corpo- 
ration constituting a school district under the operation of this 
chapter, shall select one arbitrator, and the several arbitrators 
so selected, together with the county superintendent shall con- 
stitute a board of arbitration to effect such equalization. If in 
any case the numiber of arbitrators, including the county super- 
intendent, shall be an even numiber, the county treasurer shall be- 
included and be a member of such board. The county superin- 
tendent shall fix the time and place of such meeting. 

Sec. 732. TAX TO EQUALIZE AND PAY PREVIOUS 
DEBTS. — Such iboard shall take an acconnt of the assets, funds 
on hand, the debts properly and justly belonging to ov chargeable 
to each corporation or part of a corporation affected by such 
change, and levy such a tax against each as will in its judgment 
justly and fairly equalize their several interests. 

Sec. 733. MAXIMUM ANNUAL TAX LEVY FOR SUOK 
PURPOSES. — ^When the amounts to be levied upon the several 
corporations or parts of corporations mentioned in the preceding 
section shall be fixed, a list thereof shall be made wherein the 
amount shall 'be set down opposite each corporation. The whole 
shall be stated suibstantially in the form herein required for cer- 
tifying school taxes and addressed to the county auditor, and shall 
be signed by a majority of such board of arbitration; such levy 
shall be deemed legal and valid upon the taxable property of each 
corporation; provided, however, that not more than fifteen mills 
thereof shall be extended against such taxable property in any 
one year, and such a levy not exceeding fifteen mills on the dollar 
shall be extended as in this section provided, from jenr to year, 
until the whole amount shall be so levied. The county auilitor 
shall preserve such levies and shall extend the several rates from 
year to year, ais aibove required by law for district taxes and the 
taxes shall be collected at the same time and in the same manner 
as other taxes are collected. 

Sec. 734. PROCEEDS TO BE TURNED OVER TO THE RE- 
SPECTIVE DISTRICTS.— Opposite the several descriptions of 



STATE OF NORTH DAKOTA. 53 

property on the tax list shall be entered the school district within 
which it lies, and all the proceeds of these equalizing taxes shall 
be collected and paid over to the treasurer of the proper school 
district within which the property is situated. The proceeds oif 
taxes upon parts oi districts lying outside of the districts as at 
present constituted, with which they were equalized, shall be 
paid to the treasurer of the school district within which the prop- 
erty is siituated, the same as hereinbefore provided for regular 
taxes. 

Sec. 735. MAXIMUM TAX LEVY FOR ALL SCHOOL PUR- 
POSES. — The taxes levied for purposes of equalization shall be, 
in addition to all other taxes for school purposes ; provided, that 
all taxes for school purposes, including such taxes for equaliza- 
tion, shall. not exceed thirty mills on the dollar in any oije year. 
The provisions of this article shall apply to and govern all school 
districts and parts of school districts hereafter divided or consol- 
idated with each other, or with other districts in the division 
nniting or apportionment of their debts, and liabilities or prop- 
«orty and assets. 

Aeticle 11. — Examinations and Certificates. 

Sec. 736. (Amended.)— EXAMINATIONS FOR TEACHERS' 
CERTTFIOATES.— The superintendent of public instruction shall 
prepare or cause to be prepared all questions for the examination 
of applicants for teachers' certificates, both county and state, and 
shall prescribe rules for the conduct of all such examinationis, 
He shall examine, mark, and file, or cause to be examined, 
marked and filed, all answer papers suibmitted by candidates for 
first, second and third grade county certificates, which answer 
pajpers shall be forwarded by the county superintendent immedi- 
ately after the close of each examination to the superintendent 
of public instruction. He may appoint such clerical assistants 
as he may deem necessary, but the expenditures therefor shall not 
exceed in the aggregate the sum annually collected from appli- 
cants for county certificates for this p^urpose. 

Sec. 737. PROFESSIONAL CERTIFICATE, WHO EN- 
TITLED. — ^He may issue a state certificate to be valid for life, un- 
less sooner revoked, to be known as a professional certificate. 
Such certificate shall be issued only to thoise persons of good 
moral character, who pass a thorough examination in all the 
branches included in the courses of study prescribed for the com- 
mon and high schools of the state, including methods of teaching 
and such other branches as the superintendent of public instruc- 
tion may direct. Such certificates shall in no case be granted 
unless the applicant has had an experience as a teacher of at least 



54 GENERAL SCHOOL LAWS, 

five years, and ean satisfy the superintendent of liis ability to in- 
struct and proper!}' manage a.nj high school of the state. Such 
certificate shall be valid throughout the state, and the holder shall 
be authorized to teach in any of the comimon or high schools of 
the state witho'ut further examination; provided, that any person 
who is a graduate oif the normal course in the university of North 
Dakota, or of the state normal schools of North Dakota, and has 
had three years successful experience after graduation as a 
teacher, may be granted such profesisional certificate without fur- 
ther examination; provided, further, that if the holder of a pro- 
fessional certificate shall at any time ceaise to teach or to be en- 
gaged in oher active educational work for the space of three 
years, he shall be liable to a re-exaimination and to the cancella* 
tion oif his certificate, subject to such rules as may be jjrescri'bedi 
by such superintendent. 

Sec. 738. NORMAL CERTIFIOATE, WHO ENTITLED.— He 
may issue a state certificate, to be valid for a term of five years, 
unless sooner revoked, to be known as a normal certificate. Such 
certificate shall be issued only to thoise persons of good moral 
character, who have completed the prescribed course of study in 
one of the normal schools of the state, or in a normal school else- 
where having an established reputation for thoroughness, but the 
superintendent of public instruction may examine any snch aippli- 
cant in his discretion. Such certificate shall not be granted un- 
less the applicant shall have taught school succesisfully for at 
least two years. Such certificate shall be valid throiughout the 
state, and the holder shall be authorized to teach in any of the 
public schools of the state; provided, that any person who is a 
graduate of the normal course in the university of North Dakota, 
or of the state normal schools of North Dakota, and who has had 
one year's successful experience after graduation as a teacher, 
may be granted such normal certificate without further examina- 
tion ; provided, further, that a diploma from either of the normal 
schools, or the normal department in the university of North Da- 
kota, shall for the period of two years after date of issue, be the 
equivalent of a first grade certificate in any county in tliis state, 
it the '^arty 'holding such diploma has the required age speci- 
fied in section 742. 

Sec. 739. FEE FOR CERTTFTCATE. CERTIFICATE, HOW 
REVOKED. — The superintendent shall require a fee of five dol- 
lars from each applicant for a professional or normal certificate, 
which fee shall be used by him to aid in the establishment and 
maintenance of teachers' reading circles in the state. He shall 
revoke at any time any certificate issued in the state, for any 
cause which would have been sufficient ground for refusing to 



STATE OF NORTH DAKOTA. 55 

issue the same had the cause existed or been known at the time 
it was issued. 

Sec. 740. (Amended.)— EXAMINATION OF TEACHERS BY 
COUNTY SUPERINTENDENT.— The county sufperlntendent 
shall hold a public examination of all persons over eighteen years 
of age offering themselves as candidateis for teachers of common 
schools at the most suitable place in the county, on the second 
Friday in March, and on the last Friday in May, August and 
October of each year, and when necessary, such examination 
may be continued on the following day, at which time he shall 
examine theoii by a iseries of written or printed questions, accord- 
ing to the rules prescribed b}^ the superintendent of public in- 
struction. The county superintendent shall forward all answer 
papers submitted by candidates for county certificates, designat- 
ing each (by number instead of name, immediately after ths close 
of the examination to the superintendent of public instruction for 
examination, marking, filing and recording. The superintendent 
of public instruction shall transmit, within thirty days from the 
date of said examination, a record of the standings of each appli- 
cant to the comnty superintendent who shall then grant to the 
applicant a certificate of qualification, if from the ipercentage of 
correct answers required by the rules, said applicant is found to 
poiS'sess the requisite knowledge and understanding to teach in 
the common schools of the state the various branches required 
by law; provided, the county superintendent has sufficient evi- 
dence that the candidate is a person of good moral character, has 
had successful experience, if any, and possesses an aptness to 
teach and govern. 

Sec. 741. (Amended.)— TEACHERS' GRADES, HOW ESTAB- 
LISHED. RE-EXAMINATION, WHEN ALLOWED.-^County 
certificates shall be of three regular grades, the first grade for a 
term of three years, the second grade for a term of tw^o years,, 
and the third grade for one year, according to the ratio of correct 
answers of each applicant and other evidence of qualification 
appearing from the exaimination. No certificate shall be granted 
unless the applicant shall be found proficient in and qualified to 
teach the following branches of a common English education: 
Reading, writing, orthography, language lessons and English 
gram.mar, geoigraphy, United States history, aritbmetic, civil 
government, physioloigy and hygiene, and can pass a satisfactory 
examinatiom in physical culture and theory and practice of 
feaching. In addition to the above, applicant for a first grade 
certificate shall pass a satisfactory examination in physical 
geograph}^, elements of natural philosophy, elements of psycho- 
logy, elementary geometry and algelbra. Tlie percentage re- 
quired to pass any branch shall 'be prescribed by the superin 



56 GENERAL SCHOOL LAWS, 

tendenft of piuiblic instruction. In addition to the regular grades 
of cehtifieates, drawing, Yocal music, and kindergarten certifi- 
cates, entitling holders thereof to teach such subjects only, shall 
be isisiued when conditions so require, each for a term of three 
years, under such regulations as the suiperintendent of public 
instructions shall prescribe. The comnty superintendent may 
grant permission to teach until the results Of the next regular 
extmination are received from the superintendent of public in- 
struction to any person applying at any other time than at a 
regular exaimination, who can show^ satisfactory reasons for fail- 
ing to attend such exaimination, and satisfactory evidence of 
qualification, subject to such rules and regulations as may be 
prescribed 'by the superintendent of public inistruction. S'uch 
permit shall not be granted more than once in an}' county to the 
same person. The written answers of all candidates for county 
certificates, after being duly exainiined by the sTiperintendent of 
putolic instruction, shall be kept by him for the space of six 
months after such examination, and any candidate thinking an 
injustice hais been done him, may by paying a fee of twt> dollars 
into the institute fund of the count}' and notifying both the 
county superintendent and the superintendent of public instruc- 
tion of the (same, have hie papers reviewed by the superintendent 
of public instruction in iperson, and, if such answers warrant it, 
he shall inistruct the county suiperintendent to issue such candi- 
datea county certificate of the proper grade, and the county 
siuperintendent shall carry out such instructions. 

Sec. 742. (Amended.)— QUALIFICATIONS OF TEACeERS. 
CONTRACTS, WHEN VOID.— No certificate or permit to teach 
shall be issued to any person under eighteen years of age. and no 
first grade certificate shall be issued to any person who is under 
twenty years of age, and who has not taught successfully twelve 
school months; and no person shall be allowed to teach more 
than fifteen 'school months on third grade certificates. First and 
second grade certificates may ibe renewed without examination 
under such requirements as shall be impoi&ed by the superinten- 
dent of public instruction for the pursuance and completion of 
reading circle work. The certificate issued by a county super- 
intendent shall be valid only in the county where issued; 
provided, that a county superintendent shall indorse for the full 
period for Which they are valid when presented to hiim for in- 
dorsement, first and second grade certificates, and drawing, 
music and kindergarten certificates issued by any other county 
superintendent in the state, unless a valid reason exists for with- 
holding such indorsement. Such certificates, when properly in- 
dorsed, shall he valid in the county over which the county super- 
intendent who indorsed them has jurisdiction. A fee of one dol- 



STATE OF NORTH DAKOTA. 57 

lar shall be paid into the institute fund of the county for each 
renewal or indorsement, as provided in the case of examination. 
No person shall be employed or permitted to teach in any of the 
public schools of the state,- except those in cities organized for 
school purposes under special laws, or organized as independent 
districts under the general school laws, who is not the holder of 
a lawful certificate of qualiflcation or permit to teach, and no 
teacher's certificate isisued by the superintendent of public in- 
struction, nor a teacher's diploma granted by any institution of 
learning in this state, shall entitle a person to teach in such pub- 
Jic schools of any county, unless such ceirtiflcate or diploma shall 
have been recorded in the offlce of the county superintendent; 
provided, further, that no certificate or permit to teach in the 
schools of the state shall be granted to any person not a citizen 
of the United States, unless such person has resided in the United 
States for one year last prior ito the time of such application for 
certificate or permit. Any contract made in violation of this 
section shall be void. 

Sec. 743. (Amended.)— FEES FOR CERTIFICATE.— Each ap- 
plicant foir a county certificate shall pay two dollars to the county 
isuperintendent, one dollar of which shall be paid into the county 
toachers' institute fund to be used in support of teachers' insti- 
tutes or the teachers' training schools in the county, ais otherwise 
provided, and one dollar of said fee shall be used by the superin- 
tendent of public instruction for siuch clerical assistance as he 
may deem necessary aind competent for the reading of teachers* 
answer papers and work connected therewith. It shall be the 
duty of the county superintendent, iniimeddately after each exam- 
ination, to forward one dollar for each applicant for teacher's cer- 
tificate to the superintendent of public instruction, such sums to 
be used by him as hereinbefore provided. 

Sec. 744. CERTIFICATES, WHEN RE^'OC ABLE. —The 
county superintendent is authorized and required to revoke and 
annul at any time a certificate granted by him or his predecessor 
for any cause which would have authorized or required him to 
refuse to grant it if known at the time it was granted, and for 
Incompetency, immorality, intemperance, cruelty, crime against 
the law of the state, refusal to perform his duty, or general ne- 
glect- of the business of the school. The revocation of the certifi- 
cate shall terminate the employment of such teacher in the school 
where he may be at the time employed, but such teacher must be 
paid up to the time of receiving notice of such revocation. The 
superintendent must immediately notify the clerk of the school 
district where such teacher is employed and he may notify the 
teacher through the clerk of such revocation, and must enter his 
action in such case hi the books of record in Ms offlce. 



58 GENERAL SCHOOL LAWS, 

Sec. 745. PROCEEDINGS TO REVOKE. TEACHERS AL- 
LOWED DEFENSE. — In proceedings to revoke a certificate the 
county superintendent may act upon his personal knowledge or 
upon competent evidence obtained from others. In the latter 
case, action shall be taken only after a fair hearing, and the 
teacher must he notified of the charge and given an opportunity 
to miake a defense at such time and place as may be stated in 
such notice. Upon his own knowledge the superintendent may 
act immediatelj' without notice, after an opportunity has been 
afforded such teacher for personal explanation. When any certifi- 
cate is revoked the teacher shall return it to the superintendent, 
but if such teacher refuses or neglects so to do the superintendent 
may issue notice of such revocation bj publication in. some news- 
paper printed in the county. 

Article 12. — Duties of Teachees. 

Sec. 746. OIVE NOTICE OF OPENING AND CLOSING 
SCHOOL. — Each teacher on commencing a term of school shall 
give written notice to the county superintendent of the time and 
place of beginning such school and the time w-hen it will proba- 
bly close. If such school is to be suspended for one w^eek or 
more in such term, the teacher shall notify the count^^ suj)erin- 
tendent of such suspension. 

Sec. 747. WHEN TEACHER NOT ENTITLED TO COMPEN- 
SATION. — No teacher shall be entitled to or receive any com- 
j>ensation for the time he teaches in any public school without a 
certificate valid and in force for such time in the county where 
such school is taught, e:^cept that if a teacher's certificate shall 
expire by its own limitation within six weeks of the close of the 
term, such teacher may finish such term without re-examination 
or renewal of such certificate. 

Sec. 748. TEACHER'S REGISTER, WHAT TO CONTAIN.— 
Each teacher shall keep a school register, and at the close of each 
term make a report, containing the number of visits of the county 
superintendent, and such items and in such form as shall be 
required. Such report shall be made in duplicate, both copies of 
which shall be sent to the county superintendent, who, if he finds 
such report to be correct, shall immediately return one copy to^ 
the district clerk, same to be filed with him. No teacher shall 
be paid the last month's wages in any term until such report shall 
Ijave been approved by the county superintendent and one copy 
returned to the district clerk. 

Sec. 749. SCHOOL YEAR AND SCHOOL WEEK DEFINED. 
HOLIDAYS, — The school year shall begin on the first day of July- 



STATE OP NORTH DAKOTA. 59 

and close on the thirtieth day o^f June of each year. A school 
week shall consist of five days and a school month of twenty days. 
No school shall be taught on a legal holiday nor on any Saturday. 
A legal holiday in term time falling upon a day which otherwise 
would be a school day shall be counted and the teacher shall be 
paid therefor, but no teacher shall ibe paid for Saturday, nor be 
permitted to teach on Saturday, to make up for the lo'ss of a day 
in the term. 

Sec.750. BRANCHES TO BE TAUGHT IN ALL SCHOOLS.— 
Each teacher in the common schoiols shall teach pupils when they 
are sufficiently advanced to pursue the same the folIowing^ 
branches: Orthography, reading, spelling, writing, arithmetic, 
language lessons, English grammar, geography. United States 
history, civil government, physiology and hygiene, giving special 
instruction concerning the nature of alcoholic drinks, stjimulants 
and narcotics, and their effect upon the human system; physiol- 
ogy and hygiene and the nature of alcoholic drinks, stimulants 
and narcotics, and their effect upon the human system shall be 
taught as thoroughly as any branch is taught by the use of a text 
book to all pupils able to use a text book who have not thoroughly 
studied that branch and orally to all other pupils. When such 
oral instruction is given as herein required, a sufficient time, not 
less than fifteen minutes, shall 'be given to such oral instruction 
for at least four days in each school week. Each teacher in spe- 
cial school districts and in cities organized for school purposes 
under special law shall conform to and be governed by the provis- 
ions of this section. 

Sec. 751. TEACHERS' INSTITUTES AND TEACHERS' 
TRAINING SCHOOLS, HOW NOTICED. PENALTY FOR 
FAILURE TO ATTEND.— When a teachers' institute or teachers' 
training school is appointed to be held in or for any county it 
shall be the duty of the county superintendent to give written or 
printed notice thereoif to each teacher in the pniblic schools of the 
county, and ais far as poissible to all others not then engaged in 
teaching, who are holders of teachers' certificates, at least ten 
days before the opening of such institute or teachers' training 
school of the time and place of holding it. Each teacher receiv- 
ing such notice, engaged in teaching a term oif school which in- 
cludes wholly or in part the time of holding such institute or 
teachers' training school, shall close school and attend the same 
and shall be paid toy the school board of the district his regnlar 
wages as teacher for the time he attended such institute or teach- 
ers' training school, as certified by the county superintendent,, 
but no teacher shall receive pay unless he hais attended four con- 
secutive days'. nor shall any teacher receive pay for more than 
five days. The county superintendent may revoke the certificate 



60 GEiNBRAL SCHOOL LAWS, 

of any teacher in Ms county for inexcusable neglect or refusal, 
after due notice, to attend a teachers' institute or teachers' train- 
ing school held for such county. The provisions of this section 
shall not apply to high school teachers, nor to teachers in cities 
organized for school purposes under a special law, nor to teachers 
in cities organized as independent districts under the provisions 
of this chapter. 

Sec. 752. PUPIL MAY BE SUSPENDED FOR CAUSE.— A 
teacher may suispend from school for not more than five days any 
pupil for insubordination or habitual disdbedience, or disorderly 
conduct. In such case the teacher shall give immediate notice 
to the parent or guardian of such pupil, also to some member of 
the district school board of such suspension and the reason 
therefor. 

Sec. 753. ASSIGNMENT OF STUDIES TO PUPILS.— It shall 
be the duty ot the teacher to assign to each pupil such studies as 
he is qualified to pursue, and to place him in the proper class in 
any studies subject to the provisions in section 750; provided, 
that in a graded school under the charge of a principal or local 
superintendent, such principal or superintendent shall perform 
this duty. In case any parent or guardian is dissatisfied with 
such assignment or classification, the matter shall be referred to 
and decided by the county superintendent. 

Sec. 754. BIBLE NOT SECTARIAN BOOK, READTNC OP- 
TIONAL WITH PUPIL.— The Bible shall not be deemed a sec- 
tarian book. It shall not be excluded from any public school. 
It may at the option of the teacher be read in school without sec- 
tarian comment, not to exceed ten minutes daily. No pupil shall 
be required to read it nor be present in the school room during 
the reading thereof contrary to the wishes of his parents or 
guardian or other person having him in charge. Moral instruc- 
tion tending to impress upon the minds oif pupils the importance 
of truthfulnesis, temperance, purity, public spirit, patriotism, and 
respect for honest labor, obedience to parents and due deference 
for old age, shall be given by each teacher in the public schools. 

Sec. 754a. PHYSICAL EDUCATION.— Physical education, 
which ishall aim to develop and discipline the body and promote 
health through systematic exercise, shall be included in the 
branches of study required by law to be taught in the common 
schools, and shall be introduced and taught as a regular branch, 
to all pupils in all departments of the public schools of the state' 
and in all educational institutions support ed wholly or in part 
by money from the state. It shall be the duty of all boards of 
education and boards of educational institutions receiving money 
from the state, to make provision for daily instruction in all the 



STATE OF NORTH DAKOTA. 61 

schools and institutions under their respective jurisdiction, and 
to adopt such method or methods as will adaipt progressive phys- 
ical exercise to the development, health and discipline of the 
pupils in the various grades and classes of schools and institu- 
tions receiving aid from the state. 

Aeticle 13. — Institutes, Associations and Keading Circle. 

Sec. 755. TEACHERS' COUNTY INSTITUTE FUND.— All 

money received by the county superintendent from examination 
fees for the county institute fund, and all money paid into this 
fund from the county general revenue fund, shall be used by him 
to aid in the support of teachers' institutes or teachers' training 
schools, to be held within or for the county and to pay necessary 
expenses incurred therein. The county superintendent shall pre- 
sent an itemized statement, duly verified, to the county auditor 
for the amount otf all such necessary expenses and the auditor 
shall issue a warrant therefor as provided by law. The county 
superintendent -shall, at the end of each year, submit a full and 
accurate statement of the receipts and expenditures of these 
funds, under oath, to the superintendent of public instruction. 

Sec. 756. APPROPRIATION FOR INSTITUTE FUND. DES- 
IGNATION OF CONDUCTORS.— There is hereby appropriated 
out of any funds in the state treasury, not otherwise appropri- 
ated, the sum of fifty dollars each year to each organized county 
in 'the state in which there are ten or more resident teachers, 
which shall be designated as the state institute fund and which 
shall be used exclusively in employing persons of learning, abil- 
ity and experience as conductors of teachers' institutes, and the 
further sum of ten cents a mile for the distance actually and nec- 
essarily traveled by a lecturer for such institute. The superin- 
tendent of public instruction after consultation with the county 
superintendents as to the special needs and wants of their respec- 
tive counties, shall appoint the time, place and duration of these 
institutes and shall designate the persons to act as conductors 
of and lecturers at such institutes, as in his judgment the needs 
of the various counties demand. 

Sec. 757. INSTITUTE FUNDS, HOW PAID OUT.— It shall be 
the duty of the county superintendent in all cases to consult with 
the superintendent of public instruction in reference to the man- 
agement of such institute or teachers' training school, and he 
shall carry out the suggestions of such superintendent as to the 
modes of instruction. No salary shall be paid to any conductor 
or instructor not previously appointed or employed as herein pro- 
vided. The money hereby appropriated from the state treasury 
for the support of teachers' institutes or teachers' training schools 



62 GENERAL SCHOOL LAWS, 

shall be paid to the persoiis to whom it is due by warrant of the 
state auditor Uipon the state treasurer, which shall he issued upon 
the presentation of an account in due form receipted by the per- 
son to whom due and approved by the superintendent of public 
instruction; provided, that no county shall receive more than ten 
dollars from such appropriation for the payment of conductor's 
salary for each day its institute is in sesision; provided, that the 
state and comnty institute funds specified by sections 756 and 755, 
and the appropriation specified by section 75S of one or more 
counties may be applied to the support of a teachers' training- 
school for such county or counties at the request ot the co'unty 
superintendent for such county or counties, with the consent and 
under the direction of the superintendent of public instruction; 
provided, further, that in any county where a teachers' training 
school of not less than three weeks' duration is held, the con- 
ductor ot such training school shall file a certified statement with 
the county auditor ispecifying time and place ot isuch teachers' 
training school, and also certifying the total number of schools 
in said county as reckoned in determining the county superin- 
tendent's salary. The county auditor shall file a copy of said 
statement with the county treasurer who shall, thereupon, trans- 
fer from the county general revenue fund to the county institute 
fund, the sum of two dollars for each school in the county, as per 
certified statement filed with the county auditor. 

Sec. 758. COUNTY COiNBIISSIONERS MAY AH) INSTI- 
TUTES.— The money assigned for any particular institute miay 
be added to any fund furnished for the piurpoise by any county, 
and the institute extended as long as the entire fund will allow. 
If a sufficient county fund is not otherwise provided, the board 
of county commissioners may appropriate not more than fifty dol- 
lars in any county each year in aid of institutes. The superin- 
tendent of pulblic instruction may require a statement of the 
amount of funds the county has on hand for this purpose at any 
time. 

AeTICLE 14, — COMPULSOEY EDUCATION. 

Sec. 759. SCHOOL ACE. WHO EXE^IPT FROM COMPUL- 
SORY ATTENDANCE.— Every parent, guardian or other person 
having control of any child between eight and fourteen years of 
age, shall ibe required to send such child to a public school in the 
district, city or village in which he resides at least twelve weeks 
in each school year, six weeks of which shall be consecutive; and 
every parent, guardian or other person, having control of any 
deaif child or youth ibetween seven and twenty-one years of age, 
shall be required to send such child to the school for the deaf at 



STATE OF NORTH DAKOTA. 68 

the city of Devils Lake, for at least eight months in each school 
year; provided, that such parent, guardian or other person having 
control of any child shall be excused from such duty by the 
school board of the district or the board of education of the city 
or village, whenever it shall be shown to their satisfaction, sub- 
ject to aippeal as provided by law, that one of the following rea- 
sons therefor exists : 

1. That such child is taught for the same length of time in a 
private school, approved by such board; but no school shall be 
approved by such board unless the branches usually taught in 
the public schools are tamght in such school. 

2. (That such child has already acquired the branches of learn- 
ing taught in the public schools. 

3. That such child is in such a phjisical or mental conidition 
(as declared by the county physician if required by the board), as 
to render such aittendance inexpedient or imipracticable. If no 
school is taught the requisite length of time within two and one- 
half miles of the residence of such child by the nearest route, such 
attendance will not be enforced but this provision shall not apply 
to deaf children in the state. The common schools provided for 
in this chapter shall be at all times equally free, open and access- 
ible to all children over six and under twenty years of age, resi- 
dents oif the school districts where they are held, or entitled to 
attend school under any special provisions of this chapter, sub- 
ject to the regulations herein made and to such regulations as the 
several school boards and boards of education may prescribe 
equitably and justly and not in conflict with the provisions of 
law. 

Sec. 760. PENALTY. — Any such parent, guardian or other 
person failing to comply with the requirements of the foregoing 
section, shall upon conviction thereof be deemed guilty of a mis- 
demeanor, and shall be fined in a sum not less than five 
nor more than twenty dollars for the first offense and not less 
than ten dollars nor more than fifty dollars for the second and 
every subsequent offense with costs in each case. 

Sec. 7G1. PROSECUTION FOR NEGLECTING THIS DUTY. 
— It shall be the duty of the president of the board of education 
of any city, town or village, or the president of the school board 
of any district, to inquire into all oaises of neglect of the duty pre- 
scribed in this article and ascertain from the person neglecting 
to perform such duty, the reason therefor, if any, and shall forth- 
with proceed to secure the prosecution of any offense occurring 
under this article, and any such president neglecting to secure 
fsuch prosecution for such offense within fifteen days after a writ- 
ten notice ha« been served by any taxpayer in such city, town,. 



64 GENERAL SCHOOL LAWS, 

village or district, or by the county superintendent in »uch 
county, unless such person so complained of shall be excused by 
th>e board of education or school board for one of the reasons 
hereinbefore stated, he shall be deemed guilty of a misdemeanor, 
and upon conviction shall be fined in a sum not less than five nor 
more than twenty dollars. 

Sec. 762. CHILD LABOR PROHIBITED DURING SCHOOL 
HOURS. — No child between eight and fourteen years of age 
shall be employed in any mine, factory or workshop or mercan- 
tile establishment, or, except by his parents or guardian, in any 
other manner, during the hours when the public schools in the 
city, village or district are in session, unless the person employ- 
ing him shall first procure a certificate from the superintendent 
of schools of the city or village, if one is emplov'ed, otherwise 
from the clerk of the school board or board of education, stating 
that such child has attended school for the period of twelve 
weeks during the year, as required by law, or has been exouised 
from attendance as provided in section 759; and it shall be the 
duty of such superintendent or clerk to furnish such certificate 
upon application of the parent, guardian or other persons having 
control of siuch child, entitled to the same. 

Sec. 763. PENALTY FOR VIOLATION.— Each owner, super- 
intendent or overseer of any mine, factory, workshop or mercan- 
tile establishment, and any other person who shall employ any 
child between eight and fourteen years of age contrary to the 
provision® of this article, is guilty of a misdemeanor, and upon 
conviction thereof shall be fined for each offense in a sum not less 
than twenty nor more than fifty dollars and costs. Each per- 
son authorized to sign a certificate as prescribed in the preceding- 
section, who certifies to any materially false statement therein, 
shall be fined not less than twenty nor more than fifty dollars 
and costs. 

Sec. 764. PROSECUTIONS, HOW BROUGHT.— Prosecutions 
under this article shall be brought in the name of the state of 
North Dakota before any co'urt of competent jurisdiction, and the 
fines collected shall be paid over to the county treasurer and by 
him credited to the general school fund of the state. 

Article 15. — Fines, Foefeituees and Penalties. 

Sec. 765. PENALTY FOR NEGLECT OF DUTY BY SCHOOL 
DIRECTOR, TREASURER OR CLERK.— Each person duly 
elected to the ofiice of director, treasurer or clerk of any district, 
who, having entered upon the duties of his office, shall neglect or 
refuse to perform any duties required off him by the provisions of 



STATE OP NORTH DAKOTA. 65 

this chapter shall upon conviction be fined in the sum of ten dol- 
lars, and his office shall be deemed vacant. 

Sec. 766. PENALTY FOR FALSE ELECTION KETURNS.— 
Any judge or clerk of election, school district clerk or county 
auditor who willfully violates the provisions of this chapter in 
relation to elections or who willfully makes a false return shall 
upon conviction be deemed guilty of a felony. 

Sec. 767. SPECULATION IN OFFICE PROHIBITED.— No 
school officer shall personally engage in the purchase at any 
school bonds or warrants nor shall any such officer be personally 
interested in an}- contract requiring the expenditure of school 
funds except for the purchase ot fuel and such supplies as are in 
daih' use, but not including furniture, or the expenditure of funds 
appropriated by the state, county, school corporation or other- 
wise for any school purpose connected with his office. Any vio- 
lation of this section shall be a misdemeanor. 

Sec. 768. PENALTY FOR UNLAWFUL DRAWING OF 
SCHOOL MONEY. — Anj^ person who draws money froim the 
county treasury, who is not at the time a duly qualified treasurer 
of the school corporation for which he draws the money and 
authorized to act as such, shall be guilty of a mi'sdemeanor and 
shall upon conviction thereof be punished by a fine oif not less 
than twenty-five dollars. 

Sec. 769. USE OF SCHOOL FUNDS. WHEN EMBEZZLE- 
MENT. — Each treasurer who shall loan any portion of the money 
in his hands belonging to any school district, whether for consid- 
eration or not, or who shall expend any portion thereof for his 
own or any other persoiu's private use, is guilty of embezzlement, 
and no such treasurer shall pay over or deliver the school money 
in his hands to any officer or person or to any conimittee to be 
expended by him or them; but all public funds shall be paid out 
only by the proper treasurer as hereinbefore provided. 

Sec. 770. ACTION TO RECOVER MONEY WHEN TREAS- 
URER FAILS TO PAY OVER.— If any person shall refuse or 
neglect to pay over any money in his hands as treasur-^^r of a 
school district to his successor in office his successor must, with- 
out delay, bring action upon the official bond of such tri^asurer 
for the recovery of such money. 

!Sec. 771. PENALTY, WHEN INDORSEMENT OF UNP\ID 
WARRANTS IS NOT MADE.— Any violation by a dist'^lc^ treas- 
urer of the provisions of this chapter requiring indorsement of 
Avarrants not paid for want of funds, and the paymenr thereof in 
the order of presentation and indorsement, is a misdeirteauor pun- 
ishable by a fine not exceeding one hundred dollars. 



66 GENERAL SCHOOL LAWS, 

Bee. 772. PENALTY FOR FALSE REPORTS.— Each clerk or 
treasurer of a district who willfully signs or trausmits a false 
report to the county superintendent or willfully signs, issues or 
publishes a false statement of facts purpoi'ting or appearing to 
be based upon the books, accounts or records, or of the affairs, 
resources amd credit of the district shall upon conviction be pun- 
ished by a fine not exceeding fifty dollars or by impiisoniment in 
The county jiadl nort exceeding fifteen days. 

Sec. 773. PENALTY FOR WILLFUL DISTURBANCE OF 
PUBLIC SCHOOL. — Each person, whether pupil or mot, who will- 
fully molestis or disturlbs a public school when in session or who 
"willfully interferes with or interrupts the proper order or man- 
agement of a public school by act of violence, boisterous conduct 
or threatening language, so as to prevent the teacher or any 
pupil from performing his duty, or who shall in the presence of 
the school or school children upbraid, insult or threaten the 
teacher shall upon conviction thereof be punished by a fine not 
exceeding twenty-five dollars or by imprisonment in the county 
jail for a period not exceeding ten days, or by both. 

Sec. 774. PROPOSALS FOR CONTRACTS.— No contract, ex- 
cept for teachers' or janitors' wages, involving the expenditure 
of school funds or money appropriated for any purpose relating 
to the educatiional system of this state or any county, district or 
school corporation therein, when the amount exceeds one hundred 
dollars, shall he let until proposals are advertised for, and after 
such advertisement, only to the lowest responsible bidder. Any 
violation of this section shall be a misdemeanor. 

Article 16. — Bonds. 

Sec. 775. (Amended.) SCHOOL BONDS, HOW ISSUED.— 
Whenever a duly constituted school district, including independ- 
ent school districts, in any organized county in the state at any 
regular or special meeting held for that purpose, shall determine 
by a majority vote of all the qualified voters of such school dis- 
trict present at such meeting and voting, to issue school district 
bonds for the purpose of building and furnishing a school house 
and purchasing grounds on which to locate the same, or to fund 
any outstanding indebtedness, or for the purpose of. taking up any 
outstanding honds, the district school board may lawfully issue 
such honds in accordance with the provisions of this article. 

Sec. 776. NOTICE OF ELECTION TO VOTE BONDS.—Before 
^he question of issuing honds shall be isubmitted to a vote of the 
school district, notices shall be posted in at least three public and 
conspicuous places in such district, stating the time and place 



STATE OF NORTH DAKOTA. 67 

of siuch meeting, the amiO'imt of bonds proiposed to ibe issued and 
the time in which they shall be made payable. Such notices 
shall 'be posted at least twenty days before the meeting, and the 
voting shall be done by means of written or printed ballots, and 
all iballots depoisited in favor of issuing bonds shall have thereon 
the words "for issuing bonds," and those oppoised thereto shall 
have thereon the words "against issuing bonds," and if a majority 
of all the votes cast shall ibe in favor of issuing bonds the school 
board, throiugh its proper officers shall forthwith issue bonds m 
accordance with sudh vote; but if a 'majority of all votes cast are 
against issiuing bonds then no further action can be had and the 
quesitiom shall not be again suibmitted to a vote for one year 
thereafter, except for a different amount; provided, that the ques- 
tion of issuing ibonds shall not be submitted to a vote of the dis- 
trict and no meeting istoall be called for that purpose until the dis- 
trict school board shall have been petitioned in writing by at 
least one-third of the voters of the district. 

Sec. 777. (Amended.) BONDS, DENOMINATION OF. IN- 
TEREST. LIMIT OF ISSUE.— The denomination of the bonds 
which may be issued under the provisions of this article shall be 
15fty dollars or some multiple of fifty, not exceeding five hundred 
dollars, and shall bear interest at the rate of not exceeding seven 
per cent pier annum, payable, semi-annually on the first day of 
January and July in each year, in accordance with interest co'U- 
pons which shall be attached to such bonds; and no greater 
amount than one thousand dollars can be issued for any one 
school house except in districts, towns and villages of more than 
two hundred inhabitants, and in such districts the amount, in- 
cluding all other indebtedness, shall not exceed five per cent of its 
asisesised valuation, and may be made payaible in not less than ten, 
nor more than twenty years from their date. 

Sec. 778. BONDS, EEOORD OF TO BE KEPT.— Whenever 
any bonds are issiued under the provisions of this chapter they 
shall be lithographed or printed on bond paper and shall state 
-upon their face the date of their issue, the amount of the bonds 
to whom and for what purpose issued, also the time and place of 
payment and the rate of interest to be paid. They shall have 
printed upon the margin the words "Authorized by article 10 of 
<.'hapter 9 of the political code of North Dakota of 1899." Imme- 
diately after the issuing of school bonds pursuant to this chapter 
the clerk of the school district so issuing its bo'nds shall file with 
the county auditor of the county in which such district is situated, 
ce'rtified copies of all the proceedings had in such district rela- 
tive to the issuing of s-uch bonds and also a statement of the 
amount of the indebtedness of such school district; and before 
:any of the bonds are disposed of they shall be presented to the 



68 GENERAL SCHOOL LAWS, 

county auditor of the countj^ in which the school district isisuing 
the same is situated. He shall carefully examine the records of 
the proceedings of such school district upon the question of issu- 
ing such bonds as the same are filed with him as hereinbefore di- 
rected, and shall satisfy himself by the evidence thus furnished 
whether or not all the laws of the state relative to the issuing of 
such bonds have been complied with. If satisfied that they have 
been and that the bonds in question have been legally issued, he- 
shall in book kept for such purpose preserve a register of each 
(bond showing in separate columns the name of the school dis- 
trict issuing the bonds, the nn.mber of such bonds, the denomnna- 
tion thereof, the date of their issue, the date when they will 
mature, the names of the school officers executing the same and 
such other facts as may be pertinent, and he shall then indorse 
on each of such bonds the following certificate : 

State of North Dakota. ) 

> ss. 
County of ) 

I, , county auditor, do hereby certify that the 

within bond is issued pursuant to law and is within the debt limit 
prescribed by the constitution of the state of North Dakota, and 

in accordance with the vote of school district, 

at a (regular or special) meeting held on the 

day of , A. D. 190. ., to issue bonds to the amount of 

doillar's, land is a legal and valid debt of such school 

dJistriot; that such bonds are duly registered in this office and 
that such ischool district is legally organized and the signatures 
affixed to such bonds are the genuine signatures of the proper 
officers of such school district. 

The blanks shall be filled according to the facts and the certi- 
ficate officially signed by the county auditor and attested by his 
official seal. Such bonds shall be signed by the president and 
clerk of the school board and shall be registered in a book to be 
kept by the clerk for that purpose in which shall be entered the 
,number, date and name of the person to whom issued' and the 
date when the same will become due. 

Sec. 779. SINKING FUND AND INTEREST TAX.— In addi- 
tion to the amount that may already be assessed under existing 
laws, there shall be levied upon the taxatole property of the 
school district so issuing bonds at or before their issuance, and 
collected as other taxes are collected, a sum sufficient, not exceed- 
ing five mills on the dollar of assessed valuation of such districts, 
to pay interest upon such bonded indebtedness, and after five 
years in like manner a further tax not exceeding two mills on the 
dollar for a sinking fund to be used in payment of such bonds.. 



STATE OF NORTH DAKOTA. 69 

when they become due and tor no other purpose, except that 
whenever there are sufficient funds on hand, belonging to such 
'Slinking fund, the school board may, in its discretion, purchase 
any of the outstanding bonds at their market value and pay for 
the !saime out of such sinking fund; provided, that the school dis- 
trict iboard may designate one or more national or state banics 
in its county for a depository for such sinking fund, and in such 
case the school board shall advertise for at least two weeks in 
some newspaper i)rinted in the countj^ for sealed propo'sals for 
the deposit of the sinking fund oif such school district, reserving 
the right to reject any and all bids, and siatisfying itself of the 
reyponisibility of all ibanks propoising to act ais depositories. 
Before any bank shall be designated as such depository, it shall 
present to the school board a sealed proposal stating in writing 
what rate of interest will be paid for the depoisit of such sinking 
tund, and shall submit to the board for its approval, a bond pay- 
able to the sdhool district conditioned for the isafe keeping and 
repayment of any funds deposited in such bank, which bond shall 
be signed by not less than three freeholders of the county as 
sureties, such bond to be in the sum required by the school board, 
but in no case less than doutole the probable amount of funds to 
be depoisited in such bank. The appro'val of such bond shall be 
indorsed thereon by the board and deposited with the county 
auditor, and any bank who'se bond shall have been so appiroved 
shall thereupon be designated by the school board as a depository 
for the sinking fund, and shall continue as such, until such time 
as the board shall readvertise for bids as aforesaid, or until such 
funds are needed for the payment or purchase of bonds as pro- 
vided in this section. When the sinking fund of any school dis- 
trict is deposited by the school treasurer in the na,me of the 
sicliool district in such depository, such treasurer and his sureties 
shall be exempt from all liability thereon by reason of loss of 
any siuch funds from the failure, bankruptcy or any other act of 
any such bank, to the extent only of such funds in the hands of 
such bank or banks at the time of such failure or bankruptcy. 
Such depository shall furnish to the school district clerk prior to 
the fifth day of eTuly of each year, a verified statement of the 
school district's account with such depository for the year end- 
ing June thirtieth, which statement shall show a credit to such 
deijosit account of all sums of interest accruing on the sinking 
fund deposited. 

Sec. 780. BONDS, HOW NEGOTIATED.— When any bonds 
shall ibe issued under the provisions of this article, the school 
district treasurer shall have authority to negotiate and sell such 
bonds for not less than par, and the said school district treasurer 
shall apply the proceeds arising from the sale of such bonds only 



70 GENERAL SCHOOL LAWS, 

for the purpose of building and furnishing a school house and 
purchasing grounds on which the said school house shall be 
located, or to fund any outstanding indebtedness, or for the pur- 
pose of taking up any outstanding bonds, as provided by -section 
775 of this article. 

Sec. 781. COUNTY AUDITOR MAY LE^'Y TAX TO PAY 
BONDS, WHEN. — When any school board neglects or refuses to 
levy a tax in accordance with law to meet outstanding bonds or 
the interest thereon, the county auditor shall have power to levy 
such tax and when collected to apply the proceeds to the payment 
of such coupons and bonds. 

Sec. 782. CANCELED BONDS, RECOKD OF.— When the 
bonds of any school district shall have been paid by the school 
board they shall be canceled by writing or printing in red ink 
the words "canceled and paid" across each bond and coupon, and 
the date of payment and amount paid shall be entered in the 
clerk's register against the proper number of the bonds, and the 
bonds so canceled shall be filed in the office of the district treas- 
urer until all the oustanding bonds are paid, when they shall be 
destroyed in the presence of the full board. 

Sec. 783. PROPOSALS FOR BUILDING SCHOOL HOUSES. 

— When any school house is built with funds provided for in the 
manner herein authorized, the school board shall advertise at 
least thirty days in some newspaper printed in the county, or by 
posting notices for the same length of time in at least three of 
the most public and conspicuous places, if no newspaper is pub- 
lished in the county, for sealed proposals for building and fur- 
nishing such school house in accordance with plans and speoifica- 
tions furnished by the school board, reserving the right to reject 
any and all bids, and if any of the proposals shall be reasonaible 
and satisfactory such board shall award the contract to the low- 
est responsible bidder and shall require of such contractor a bond 
in double the amount of the contract, conditioned that he will 
properly account for all money and property of the school district 
that may come into his hands and that he will perform the con- 
ditions of his contract in a faithful manner and in accordance 
with its provisions; and in case all the proposals are rejected, 
isuch board shall advertise anew in the same manner as before 
until a reasonable bid shall be submitted. 

Sec. 784. PROVISIONS OF THIS ARTICLE, HOW APPLL 
CABLE. — The provisions of this article shall be applicable to 
and authorize the issuance of bonds by such school districts as 
have already built school houses and issued orders or warrants 
therefor and any such school district may vote to bond the in- 
debtedness incurred by reason of building and furnishing a school 



STATE OF NORTH DAKOTA. 71 

house and purchasing a site for the same and bonds may be issued 
in the same manner as hereinibefore provided for building and 
ifurniiishing school houses. 

Article 7. — Special Distkicts. 

Sec. 785. CITIES GOVERNED BY THE PROVISIONS OF 
THIS ARTICLE. — All cities and incorporated towns and villages 
which have heretoifore. been organized under the general school 
laws, and which are provided with a board of education, shall be 
governed by the provisions of this article. Any city or incorpo- 
rated town or village having a population of over two hundred 
inhabitants may be coinst:ituted a special school district in the 
manner hereinafter prescribed, and shall then be governed by 
the (provisions of this article ; provided, that any city heretoif ore 
organized for school purposes under a special act, may adopt the 
provisions of this article, by a majority vote of the voters therein, 
in the same manner as is provided for the organization of a new 
corporation under the provisions of this article. 

DIVISION OF SCHOOL DISTEICTS. 

(Chapter 186, Laws 1901.) 

Sec. 1. SPECIAL SCHOOL DISTRICTS, CREATION OF. 

Whenever any incorporated city, town or village having 
a population of over two hundred inhabitants, shall consti- 
tute a por-tion oi a school district, it may be organized into a 
sipecial school district and the property and indebtedness of 
such organized school district divided as hereinafter pro- 
ivided. 

Sec. 2. SUPERINTENDENT SHALL CALL ELECTION 
ON PETITION. WHEN.— In such case a petition signed by 
a majority of the voters of such school district as shown by 
the last school election therein, may be presented to the coun- 
ty superintendent of schools for the division of such school 
district and the organization of such city, town or village into 
a special school district, and setting forth in detail the man- 
ner and terms of the division of the property, real and per- 
sonal, and of the indebtedness, bonded or otherwise, of such 
school district as desired by the petitioners, and thereupon 
such superintendent shall within five days call an election 
to be held in such incorporated city, town or village, and an 
election to be simultaneously held in that portion of such 
ischool district situated outside of the limits of such city, 
town or village. 

Sec. 3. NOTICE OF ELECTION.— Such superintendent 

shall cause notice of each of such elections to be given by 

' publishing notices thereof, stating the time and place of 

holding such elections in a newspaper published in such 



72 GENERAL SCHOOL LAWS, 

school district, if any, and if there is no newspaper published 
in such school district, then by posting notices of the election 

; to be held in such city, town or villag-e, in Ave public places 
therein, and by posting notices of the election to be held 
outside such city, town or village in five puiblic places in said 
district outside such city, town or village. Such notices 

j shall be so published or posted not less than ten nor more 
than fifteen days before such elections. Such superintend- 
ent shall appoint judges and clerks of such elections and 
Ithe same shall be held and conducted in the same manner, 
and the polls shall be opened and closed at the same time 
as in other sc'hool district elections, and the results of such 
election shall be certified and delivered to such superintend- 
ent imimediately upon the close of the polls. 

i Sec. 4. BALLOTS, WHAT PRINTED ON.— There shall 

he printed on the ballots used at such elections the following 
statement : "For the division of (here state the name of the 
school district to be divided) and the division oif its property 

J and de^bts as follows (here state the manner and terms of 
such division as set forth in the petition filed.)"' The voter 
shall write after such statement the word "Yes," if in favor 
of such division, and the word "No'' if against it. 

Sec. 5. SUPERINTENDENT SHALL NOTIFY PRESI- 

: DENT OF SCHOOL BOARD.— Such superintendent shall 

thereupon forthwith notify the president oi the school board 

' of such school district, and the auditor or clerk of such city. 

; town or village of the result of such elections. 

I Sec. 6. DIVISION OF DISTRICT, WHEN.— If such elec- 

tions shall each be in favor of the divisioin oif such school 

; district, such incorporated city, town or village shall there- 

; after constitute a special school district, and such original 
school district situated outside such city, town or village 

■ shall consititute a school district. 

Sec. 7. ELECTION OF OFFICERS FOR SPECIAL DIS- 
! TRICT AND DISTRICT.— The county superintendent shall 
thereupon call an election for the election of officers of such 
I special school district and school district of which notice 
shall be given for at least fifteen days, which election shall 
fbe held as in other cases, in school districts, and special 
school districts and such special school district shall there- 
after ibe suibject to all provisions of law affecting other 
'• school districts. 

Sec. 8. DIVISION OF PROPERTY.— Such school district 
; and such special school district shall thereupon proceed to 



STATE OF NORTH DAKOTA. 73 

divide the property O'f such original school district according 
to such petition and shall be bound respectively to pay the 
indebtedness of such district as provided in such petition, 
and ma}' make any contracts or conveyances necessary to 
carry into effect all the provisions of such petition. 

,Sec. 9. BONDED INDEBTEDXESS. TAX TO BE LEV- 
IED TO PAY. — In case such original school district shall 
have outstanding any bonded debt for the payment of which 
no sufficient levy of taxes has been made, the board of educa- 
tion of such special school district and the school hoard of 
: such school district, shall at the time of making the next 
annual tax levy, levy a tax sufficient to pay the interest and 
also the principal of so much of such bonded debt as shall be 
assumed by such special school district and such school dis- 
trict respectively as the same mature and shall designate the 
lamount of such tax to be collected in each year thereafter, 
and shall certify such levy to the county auditor who shall 
thereupon enter and extend upon the tax list in each year 
ithe amount of such tax to be collected in that year. 

Sec. 10. BOXDED DEBT. SPECIAL SCHOOL DIS- 
TRICT AXD SCHOOL DISTRICT TO PAY.— Such special 
school district and such school district shall provide for and 
pay according to the tenns of the bonds, such portion o>f such 
'bonded debt as is assumed by it. 

Sec. 11. FORMATIOX OE UXDER PRESEXT LAW XOT 
PROHIBITED.— Xothing in this act shall be construed to 
prevent or affect the formation oif special school districts in 
accordance with provisions of law now in force, or to require 
the equalization or adjustment of the property assets or in- 
debtedness of districts formed under the provisions of this 
act, otherwise than as herein provided. 

Sec. 786. ADJACENT TERRITORY, HOW ATTACHED FOR 
SCHOOL PURPOSES.— When any city, town or village has been 
organized for school purposes and provided with a board of edu- 
cation under any general school law, or a sipecial act, or under the 
provisions of this article, territory oaitside the limits thereof but 
adjacent thereto, may be attached to such city, town or village 
for ischool purposes by the board oif education thereof upon ap- 
plication in writing signed by a majority of the voters of such 
adjacent territory; and upon such application being made, if 
such board shall deem it proper and to be the best interests of 
the school of such corporation and of the territory to be attached, 
an order shall be issued by such board attaching such adjacent 
territory to such corporation for school purposes, and the same 
shall be entered upon the records of the board. Such territory 



74 GENERAL SCHOOL LAWS, 

shall from the date of such order be and compose a part of such 
corporation for school purposes only; such adjacent territory 
shall be attached for voting purposes to such corporation, or if 
the election is held in wards, to the ward or wards or election 
precinct or precincts, to w^hich it lies adjacent; and the voters 
thereof shall vote only for school officers and upon school ques- 
tions; provided, the county coimimissloners may detach such ad- 
jacent territory from any special district and attach to any 
adjacent .school or special district or districts upon petition to 
do so, signed by three-fourths of the legal voters of such adjacent 
territory, and all assets and lialbilities shall be equalized accord- 
ing to section 731. 

Sec. 787. NAME OF BODY CORPOEATE.— Every such dis- 
trict shall be a body corporate for school purposeis by the name 
of ''The board of education of the city, town or village (as the case 

may be) of . (here insert the corporate name of the 

city, town or village) of the state of North Dakota," and shall 
possess all the powers and duties usual to corporations for public 
purpoises or conferred upon it by this article or which may here- 
after be conferred upon it by law ; and in such name it may sue 
and be sued, contract and be contracted with, and hold and con- 
vey such real and personal property as shall coime into its posses- 
sion by will or otherwise; and it shall procure and keep a corpo- 
rate seal by which its official acts may be attested. 

Sec. 788. CONVEYANOE OF SCHOOL PROPERTY, HOW 
EXECUTED. — Any such city or incorporated town or village is 
authorized and required, upon the request of the board of educa- 
tion, to convey to such board oif education all property within 
the limits of any such corporation heretofoire purchased by it for- 
school puiposes and now held and used for such purposes, the 
title to which is vested in any such civil corporation. All con- 
veyances for such property shall be signed by the mayor or pres- 
ident of the board of trustees and attested by the clerk of such 
corporation, and shall have the seal of the corporation affixed" 
thereto and be acknowledged by the mayor or president in the 
same manner as other conveyances of real estate. 

See. 789. SPECIAL SCHOOL DISTRICTS, HOW ORGAN- 
IZED. — ^^\^hen a petition signed by one-third of the voters of a 
city, incorporated towm or village or a school district, in which is 
located a city or incorporated town or village entitled to vote at 
such election, is presented to the council or trustees of such city, 
incorporated town or village or school district, asking that such 
city, incorporated town or village or school district be organized 
as a special school district, such council or board of trustees shall 
within ten days order an election for such purpose, notice of 



STATE OF NORTH DAKOTA. 75; 

which ishall be given, and the election conducted and the returns^ 
made in the manner proviided by law for their annual school: 
election; and the voters of such city, incorporated town or vil- 
lage or school district shall vote for or against organization as a 
special school district at such election. 

gee. 790. ELECTION OF BOARD OF EDUCATION.— If a ma- 
jority of the votes cast at such election is for organization as a 
isipecial school disitrict, another election shall be called in the 
same manner as is prescribed in the foregoing section, at which 
the voters of such city, incorporated town or village or school 
district shall elect five memibers of the board of education, two 
of whom shall 'serve until the first annual election, two until the 
(second annual election, and one until the third annual election^ 
thereafter, and until their successors are elected and qualified,, 
and their respective terms shall toe determined by lot. 

Sec. 791. TEiRMS OF OFFICE. QUORUM.— The board of 
edacation of each special district shall consist of five members 
who shall !be elected iby the legal voterts thereof and who shall 
hold their office for the term of three years and until their succes- 
sors are elected and qualified, except as provided for first elec- 
tions under this article, and three members shall constitute a 
quorum for the transaction of business at any legal meeting. 

Sec. 792. MEMBERS NOT TO BE INTERESTED IN SCHOOL 
CONTRACTS. — The members of such board shall receive no com- 
pensation, and shall not be interested, directly or indirectly, in 
any contract for making any improveiments or repairs or for 
erecting any building or for furnishing any material or supplies^ 
for their district. 

Sec. 793. ANNUAL AND SPECIAL MEETINaS OF BOARD. 
— The annual meeting of such board of education shall be held on 
the isecond Tuesday in July following the annual election, at 
which time the newly elected memibers shall assume the duties 
of their office. Each board shall meet for the transaction of 
business as often ais once in each calendar month thereafter and 
may adjourn for a shorter time. Special meetings may be called 
by the president or in his absence by any two members of the 
board by giving a personal notice to each member of the board 
or by causing a written or printed notice to be left at his last 
place of residence at least forty-ieight hours before the time of 
such meeting. 

Sec. 794. ORGANIZATION OF BOARD.— At the annual 
meeting on the second Tuesday in July of each year such board of 
educaition shall organize by electing a president from among its 
members who shall serve for one year; and they shall also elect 



76 GENERAL SCHOOL LAWS, 

a clerk, not one of their own numDber, who shall hold his office 
during the pleasure of the board and receive such compensation 
for Ms services as shall be fixed by the iboard. In the absence 
of the presiident at any meeting, a president pro tempore may be 
elected by the board. 

.Sec. 795. DUTIES OF PRESIDENT.— The president shall 
preside at all imeetings of the board, appoint all committees 
whose appotintnient is not otherwise provided for and sign all 
warrants ordered by the board to be drawn upon the treasurer for 
scliool moneys and perform other acts required by law. 

Sec. 796. DUTIES OF CLERK. RECORDS.— The clerk shall 
kee<p a true recoird of all the proceedings of the board, take charge 
oif its ibooks and documents, countersign all warrants for school 
moneys drawn upon the treaisurer by order of the board and affix 
the corporate seal thereto and perform suchb other duties as the 
board may require. The records, books, vouchers and papers 
■of the iboaird shall be open to examination by any taxpayer of the 
district. iSuch record or a transcript thereof certified by the 
clerk and attested by the seal of the board, shall be received in 
all courts as prima facie evidence of the facts therein set forth. 

Sec. 797. POAVERS AND DUTIES OP BOARD.— Each board 
of education shall have power and at shall be its duty : 

1. To estaiblish a system of graded common schools, which 
shall be free to all children of legal school age, residing within 
such ispecial district, and shall be kept open not less than six nor 
more than ten imonths in any year. 

2. To establish and maintain such schools in its city, town or 
Tillage as it shall deem requisite or expedient and to change or 
discontinue the same. 

?>. To establis'h and maintain a high school, whenever in its 
opinion the educational interests of the corporation demand the 
same, in which such courses of study shall be pursued as shall be 
prescrilbed or approved by the superintendent of public instruc- 
tion, together with such additional courses as such board of 
education may thereafter deem advisiable to establish, 

4. To purchase, sell, exchange and hire school houses and 
rooms, lots or sites for school houses, and to fence and otherwise 
improve them as it deems proper. 

5. Upon isnch lots and upon such sites as may toe owned by 
such stpecial district to build, alter, enlarge, improve and repaiV 
school houses, outhouses and appurtenances ais it may deem ad- 
visaible. 



STATE OF NORTH DAKOTA. 71 



6. To purcbase, sell, exchange, improve and repair school 
apparatus, text books for the use of the pupils, furniture and 
appendages and to provide fuel for the schools. 

7. To have the custody of all school property of every kind ^ 
and to see that the ordinances and iby-lawis of the city or village 
in relation thereto are observed. 

8. iTo contract with, employ and pay all teachers in such 
schools and to dismiss and remove for cause any teacher when- 
ever the interests oif the school may require it; but any sucli 
teacher shall be required to hold a. certificate to teach, issued by 
the coiunty superintendent or the superintendent of public in- 
struction, and if any such teacher holds only a county certificate 
the board may impose such further requirements ais the best 
interests of the several grades may require. No person who is 
a relative Of any memlber of the board shall be employed as 
teacher without the concurrence of the entire 'board. 

9. To employ, shonld it deem expedient, a competent and dis- 
creet person as superintendent of schools and to fix and pay a 
proper compensation therefor, and such superintendent may be 
required to act as principal or teacher in such school. 

10. To defray the necessary and contingent expenses of the 
board, including the compensation of its clerk. 

11. To adopt, alter and repeal, whenever it may deem expe- 
dient, rules and regulations for organizing, grading, government 
and instruction and the reception of pupils, their suspension and 
expulsion and their transfer from one school to another. But 
no pupil shall 'be suspended or expelled except for insubordina- 
tion, habitual disobedience or disorderly conduct; such suspen- 
sion shall not be for a longer period than ten days, nor such ex- 
pulsion beyond the end of the current term of school. 

12. Each memtoer shall visit, at least twice in each year, all 
the public schools in the city or village. 

13. To make a report on July first, or as soon thereafter as 
piracticaible, of the progress, pro'sperity and condition, financial 
as well as educational, of all the schools under its charge, a copy 
of which, together with such further information as shall be 
required by the superintendent of pulblic instruction, shall be for- 
warded to the county superintendent, the same as reports are 
made by other school districts ; and such report or such portion, 
thereof as the 'board of education shall consider advantageous to 
the puibMc, shall be published in a newspaper in the city or vil- 
lage, and in cities and villages of over eight hundred inhabitants, 
it may be published in pamphlet form. 



•■78 G-EiNEiRAL SCHOOL LAWS, 



14. To admit children of persons not living in such special dis- 
.tmct into the schools of such district, and to fix and collect the 
tuition therefor, if in its judgment the best interests of the 
.school will ipermit. 

15. To cause an enumeration of the children of school age 
within such special district, including those residing in any ter- 
j'itory thereto attached for school purposes, to be made annually, 
.as provided for other school districts, and return the same to the 
coiunty superintendent. 

Sec. 798. TREASURER, CUSTODIAN OF SCHOOL MONEYS. 
— All moneys from whatever source, which the board of educa- 
tion of any 'special district shall by law be authorized to receive, 
shall be paid over to the treasurer of such board and he shall 
charge the same to the proper fund. 

Sec. 799. SCHOOLS UNDER SUPERVISION OF WHOM.— 
The schools of each special district shall be under the immediate 
supervision of the board of education or the school superintend- 
ent appointed by such board, subject to such general directions 
.and supervision 'by the county superintendent as are provided for 
in this chapter. 

Sec. 800. TAXABLE PROPERTY.— The taxable property of 
the whole school corporation including the territory attached 
for school purposes, shall ibe subject to taxation. All taxes col- 
lected for the benefit of the school shall be paid in money, and 
shall ibe placed in the hands of the treasurer, suibject to the order 
>of the board of education. 

Sec. 801. ANNUAL SCHOOL TAX.— The board of education 
shall on or before the twentieth day of July of each year levy a 
tax for the support of the schools of the corporation, including 
any expenditures allowed by law, for the fiscal year next ensuing; 
not exceeding in any one year thirty mills on the dollar on all 
the real and personal property within the district which is tax- 
able according to the laws of this state, the amount of which levy 
the clerk of the board shall certify to the county auditor, who is 
authorized and required to place the saime on the tax roll of such 
county to be collected by the county treasurer as other taxes and 
paid over by Mm to the treasurer of the iboard of education, of 
whom he shall take a receipt in duplicate, one of which he shall 
:file in his office and the other he shall forthwith transmit to the 
clerk of the board of education. 

Sec. 802. EXPENDITURES. CONTRACTS.— No expendi- 
tures involving an amount greater than one hundred dollars shall 
"'be made except in accordance with the provisions of a written 



STATE OF NORTH DAKOTA. 79 

contract, and no contract involving an expenditure of more than 
five hundred dollars for the purpoise of erecting any public build- 
ings or making any improvements shall be made except upon 
sealed proposal® and to the lowest responsible bidder, after pub- 
lic notice ifor ten days previous to receiving such bids. 

Sec. 803. TREASURER— The treatsurer of any city, town or 
village compristing a special district shall be treasurer of the 
board of education thereof. 

Sec. 804. TREASURER, DUTIES OF.— The treasurer of each 
board of education shall keep a true account of the receipts and 
expenditures of the various funds separatel}^, and shall prepare 
^nd submit in writing a quarterly report of the state of the fin- 
ances of the district and shall, when required, produce at any 
meeting of such board of any committee appointed for the purpose 
of examining Ms accounts, all books and papers pertaining to his 
•office. He shall safely keep in his poissessdon or under his con- 
trol all school imoneys coming into his hands, and shall, pay out 
isuch moneys only upon a warrant signed by the president, coun- 
tersigned by the clerk and attested by the corporate «eal of the 
board. 

Sec. 805. TREASURER'S BOND.— The treasurer of the board 
shall execute a bond to such board, with sufficient sureties to be 
approved by the board, in such sum and as such board may from 
time to time require, as near a;s can be aiscertained in double the 
amount of the moneys likely to come into his hands, conditioned 
for the faithful discharge of his duties as treasurer; which bond 
shall be in addition to his bond to the city, town or village. ■ In 
case of the failure of the city, town ot village treasurer to give 
isuch bond within ten days after being required so to do by such 
board of education, such treasurer's office shall become vacant, 
and the council or board of trustees of such city, town or village 
shall appoint another person in his place, who shall give such 
addlitional bonds. 

Sec. 806. BOARD ASSUMES CO^iTROL AFTER EQUALIZxl- 
TION OF DEBTS AND PROPERTY.— When any board of edu- 
cation shall be organized under the provisions oif this article, it 
shall, after the equalization hereinafter provided for, assume 
control of the schools of the city, town or village and shall be 
entitled to the possession of all property of the former district 
or districts or parts thereof lying within such city, town or vil- 
lage, for the use of schools. Such board shall also be entitled 
to its due proportion of all moneys on hand and taxes already 
levied but not collected, and shall be liable for a proper amount 
of the debts and liabilities of such former district, to be deter- 
miined in the manner provided in this chapter for the equaliza- 



80 GENERAL SCHOOL LAWS, 

tion, determinaition and division of debts, property and assets of 
school districts consolidated or divided. 

Sec. 807. SPECIAL DISTEIOT MAY BECOME PART OP 
GENERAL DISTRICT, WHEN.— Any special district organized 
under the general school laws and provided with a board of edu- 
cation may become a part of the school district in which it is 
located, whenever it is so decided by a majoirity vote ol the school 
electors of the city, town or village and of such school district 
voting at an election called for that purpoise. An election for 
such purpose shall be ordered and proper notice thereof given 
by the board of education and the school board of such district 
in the same manner as is required for the election of school offi- 
cers in such district, when petitioned by one-third of the voters^ 
resident in such district, and when so united the determination 
and division of the debts, property and assets shall be made by 
arbitration as provided in this chapter for school districts consol- 
idated or divided. Villages not incorporated but heretofore 
organized under the general school laws and provided with a 
board of education shall become a part of the school district in 
which they are located and the determination and division of the 
property, debts and assets shall be made by arbitration as afore- 
said. 

Sec. 808. ELECTION OF P>OARDS OF EDUCATION IN 
SPECIAL DISTRICTS.— On the third Tuesday in June each year 
an election shall be held in each special district at which such 
memibers of the board of education shall be elected at large as 
shall be necessary to fill all vacanies therein caused by expiration 
of terms of office or otherwise, and each member elected shall 
serve for a term of three years comimencing on the second Tues- 
day in July following his election and luntil his successor is 
elected and qualified, except when elected to serve an unexpired 
term. The polls shall be open at 9 o'clock A. M. and kept open 
until 4 o'clock P. M. on the day oif such election. 

See. 809. NOTICE OF ELECTION, CONTENTS OF.— Such 
election shall be called by the board of education of such special 
district, which shall cause notice thereof to be posted or pub- 
lished a« required by law for the annual election of civil officers 
in the city, town or village comprising such special district; such 
notice shall be signed by the clerk, or, in his absence, by the pres- 
ident of the board of education of such district, and shall state 
the time and place of holding such election and what officers are 
to be elected and their terms. 

Sec. 810. NOTICE OF ELECTION, FORM OF.— Such notice 
shall be in substantially the following form: 



STATE OF NORTH DAKOTA. 81 

Notice is hereby given, that on Tuesday the day of 

June A. D , an annual election will be held at 

(here in'sert polling place) for the purpose of electing the follow- 
ing meniibers of the board of education (here insert terms 

for w^hich they are to be elected), for the city, town or village of 

(here insert name) and the polLs will be open at nine 

o'clock A. M. and closed at four o'clock P. M. oif that day. 

By order of the board of education. 

Signed ,, 

Clerk. 

Sec. 811. ELECTION PKECINCTS AND OFFICERS OP 
ELECTION. — At least fifteen days prior to such election the 
'board of education of each special district shall designate one 
polling place and appoint two persons to act as judges and two 
persons to act as clerks. Before opening the polls each of such, 
judges and clerks shall take an oath that he will perform his 
duties as judge or clerk (as the case may be) according to law and 
to the best of his ability', which oath may be administered by any 
officer authorized to administer oaths or by either of said judges 
or clerks to the others. 

Sec. 812. CANVASS OF RETURNS.— Such election shall be 
conducted and the votes canvassed in the manner provided by 
law for elections of county officers, and returns shall be made 
showing the numher of votes cast for each person for any office, 
which shall be signed by the judges and clerks of election, and 
the person receiving the highest number of votes for each office 
in the district shall be declared elected, and the returns shall be 
filed with the clerk of the board of education within two days 
thereafter. 

Sec. 81.3. CERTIFICATES OF ELECTION.— The clerk of the 
board shall give to each person elected at such election a certifi- 
cate stating that he was duly elected as a member of the board 
of education and the time he is to take the oath and enter upon 
the duties of his ofiice. Such clerk shall also certify as soon as 
possible to. the county superintendent of school the persons so 
elected and their terms. 

Sec. 814. VACANCIES, HOW FILLED.— The board of edu- 
cation of each city, town and village shall have power to appoint 
a person to fill any vacancy which may occur in the board; and 
such appointee shall hold his office until the next annual school 
election, at which time a person shall be elected to serve for the 
unexpired term; but if such vacancy shall occur within ten days 
before an annual election, such appointee shall hold office until 
the annual election in the following year. When any such ap- 



82 GENERAL SCHOOL LAWS, 

pointment shall be made the clerk shall certify the same to the 
county superintendent. 

Sec. 815. OATH OF OFFICE.— Before entering upon the 
duties of Ms oflSce each person elected or appointed as a memiber 
of the board of education, shall take the oath or affirmation pre- 
scribed in section 211 of the constitution, which oath shall be 
filed with the clerk of the board. 

Sec. 816. BONDS, HOW AND WHEN ISSUED.— Whenever 
the taxes authorized toy law shall not be sufficient or shall be 
deemed by the hoard of education to be burdensome, bonds may 
be issued and negotiated for the purpose of raising money to pur- 
chase a site or to erect suitable buildings thereon, or to fund any 
outstanding indebtedness, or for the porpose of taking up any 
outstanding bonds, of the school corporation; provided, that the 
issuance of such bonds shall first be authorized by the voters of 
such special district as hereinafter preiscribed. Such bonds shall 
be signed by the president and clerk and attested by the corpor- 
ate seal of the 'board, shall bear the date of their issue, and be 
payable in not less than five nor more than twenty years fro'm 
their date, at such place as shall be designated upon their face. 
The denominations of the bonds which may be issued under the 
provisions of this article shall be fifty dollars or some multiple of 
fifty, and shall hear interest at not more than seven per cent per 
annum, payable semi-annually on the first day of January and 
July in each year, shall show upon their face that they are is- 
sued for school purposes, and shall ibe sold at not less than par. 
Each bond shall have indorsed thereon the certificate of the clerk 
of the board stating that such bond is issued pursuant to law and 
is within the debt limit prescribed by the constitution. 

Sec. 817. ELECTION FOR ISSUING BONDS.— Before issu- 
ing any such bonds the board of education shall call an election 
for the purpose of submitting to the voters of the district the 
question of isisuing such bonds, notice of which shall be given 
in the manner prescribed by law for giving notice of the annual 
election for the several officers of the city, town or village com- 
prising such special district, except that such notice shall be 
given twenty days before such election. Such election shall be 
conducted and the returns made in the manner provided 
for the annual election of members of the board of education and 
may ibe held at the time of the annual ischool election or at any 
other time named in such notice. The notice of such election 
shall clearly state the amount of the ibonds proposed to be issued, 
the time in which they shall be made payable, the purpose for 
which they are to be issued, and the time and place isuch election 
will be held. At such election the voters shall have written or 



STATE OF NORTH DAKOTA. 



printed on their ballots "for issuing bonds"' or '-against issuing 
bonds," and if a majority of the votes cast is for issuing bonds 
such bonds shall be issued and negotiated by such board oif edu- 
cation, but if a majority thereof is against issuing bonds such 
bonds shall not be issued, nor shall the question be again sub- 
mitted for one 3'ear thereafter except for a different amount and 
then only upon a written petition of a majority oif the voters of 
the district. 

Sec. 818. BONDS TO SPECIFY WHAT. DEBT LIMIT— 
The bonds, the issuance of which is provided for in the foregoing 
section, shall sipecify the rate of interest and the time when the 
principal and interest shall be paid ; and no district shall isisue 
bonds in pursuance of this article in a sum greater than five per 
cent of its assessed valuation, including other debts. 

Sec. 819. LEVY FOR INTEREST AND SINKING FUND.— 
The hoard oif education at the time of its annual tax levy for the 
s'tipport of schools shall also levy a sufflcient amount to pay the 
interest as the same accrues on all bonds issued under the pro- 
vi'S-ioniS of this article, and also to create a sinking fund for the 
redemption of such bonds, which it shall levy and collect in addi- 
tion to the rate per cent authorized by the provisions aforesaid 
for school purposes, and isuch amount of funds when paid into the 
treasury shall be and remain a special fund for such purpose 
only, and slhall not be appropriated in any other way except as 
hereinafter provided. At or before the issuance of any bonds 
as herein provided the board shall by resolution provide for such 
annual levy to pay the interest and to create such sinking fund, 
and isuch resolution shall remain in force until all such bonds 
and the interest thereon shall have been paid. 

Sec. 820. INVESTMENT OF SINKING FUND.— All moneys 
raised for the purpose of creating a sinking fund for the final 
redemption of all bonds issued under this article, shall be in- 
vested annually by the board of education in the bonds of this 
Btate or of the United States, or the board may buy and cancel 
the ibonds of the district. 

Sec. 821. INTEREST OOUPONS.— When the interest coupons 
of the bonds hereinbefore authorized shall become due they 
shall be promptly paid, upo» presentation, by the treasurer out 
of any moneys in his hands collected for that purpose, and he 
shall indorse in red ink upon the face of such coupons the word 
"paid" and the date of payment and sign the initials of his name. 

Sec. 822. SECURITY FOR PAYMENT OF BONDS.— The 
school fund and property of such school corporation and terri- 
tory attached for such purposes is hereby pledged to the pay- 



84 GENERAL SCHOOL LAWS, 

ment of the interest and principal of the bonds mentioned in this 
article ais the same may become due. 

Sec. 823. BOND REGISTER.— The clerk of the board of edu- 
cation shall register in a book provided for that purpose the 
bonds issued under this article and all warrants issued by the 
board, which register shall show the number, date and amount 
of such bonds and to whom payable. 

Sec. 824. REFUNDING BONDS, ISSUANCE OF.— The board 
of education of any special or independent school district shall 
have pO'Wer,whenever two-thirds of the members of such board 
shall deem it necessary and for the best interests of .such school 
distract, to issue ibonds for the purp-ose of refunding any out- 
standing bonds when the same become due. )Such bonds shall 
be issued in denominations of fifty dollars or some multiple of 
fifty, and shall not exceed in amount the face value of the bonds 
they are issued to replace, and shall not bear a higher rate of 
interest than seven per cent per annum, payable semi-annually 
on the first day of January and July of each year, nor run for a 
longer period than twenty years. 

Sec. 825. BONDS MAY BE EXCHANGED.— Such refunding 
bonds may be exchanged at par for an equal amount of out- 
standing bonds or may ibe sold at not less than par value and the 
proceeds applied solely to the payment of the bonds to be re- 
funded, except that any premium that may be received on the 
sale of such bonds shall be kept as a separate fund and used for 
the payment of the interest on such bonds. 

Sec. 826. ISSUE OF BONDS, HOW GOVERNED.— In the 
issuance of such refunding bonds the board of education shall be 
governed hj the provisions of section 818 to 823. 

Sec. 827. SURPLUS FUNDS, HOW TRANSFERRED.— Any 
moneys remaining in the treasury of such school districts, ap- 
propriated or held for the purpose of paying such bonds so re- 
funded, may, at the discretion of the board of education at any 
time within six months after such refunded bonds have been 
taken up and canceled, be transferred to the building or con- 
tingent fund of such district. 

INVESTMENT OF FUNDS OF SPECIAL SCHOOL DISTRICTS. 
(Chapter 190, Laws 1901.) 

Section 1. INVEST'^IENT OF SINKING FUNDS 
SCHOOL DISTRICTS.— All moneys raised for the purpose 
of creating a sinking fund for the final redemption of all 

; ibonds issued under article 17 of chapter 9 of the civil code 
of this state shall be invested annually by the board of educa- 
tion of any special school district in this state as follows^ 

! rviz : 



STATE OF NORTH DAKOTA. 85 

1. In the bonds of this state or of the United States. 

2, Special school district board may designate one or 
more national or state banks in the county where such spe- 
cial school district is situated as a depository for such sink- 
ing fund, and in such case the school board shall advertise 
for at least two weeks in some newspaper printed within the 
limits of said special school district, if there be one, if not, 
in the county where said school district is situated, for sealed 
proposals for the deposit of the sinking fund of such school 
district reserring the right to reject any and all bids, satis- 
fying itself of the responsibility of all banks proposing to 
act as depositories. Refore any bank shall be designated 
las such depository it shall present to the school board a 
sealed proposal stating in writing what rate of interest will 
'be paid for the deposit of isuch sinking funds, and shall sub- 
mit to the (board for its approA'al, a bond payable to the 
special school district conditioned for the safe keeping and 
repayment of any funds deposited in such bank, which bond 
ishall 'be signed iby not less than three freeholders of this 
state as sureties or some surety bond company qualified to 
'do business in this state and such bond to be in the sum 
required by the school board and in no case to be less than 
double the probalble amonnt of the funds to be deposited 
in such bank. The approval of such bond shall be indorsed 
thereon by the board and deposited with the county auditor 
and any bank whose bond shall have been so approved shall 
therempon be designated by the school board as a depository 
for the sinking fund, and shall continue as such, until such 
time as the board shall direct the withdrawal of such funds 
or until snch funds are needed for the payment or the pur- 
chase of bonds as provided for in this act. When the sink- 
ing fund of any special school district is deposited by the 
treasurer of the board of education of said school district in 
the name of the school district in such depository such treas- 
urer and his sureties shall be exempt from all liability there- 
on by reason of loss of any such funds from the failure, bank- 
ruptcy or any other act of any such bank, to the extent only 
of such funds in the hands of such bank or banks at the time 
of such failure or bankruptcy. Such depository shall fur- 
nish to the clerk of the board of education of such special 
school district prior to the fifth day of July of each year, a 
verified statement of the school district account with such 
depository for the year ending June 30, which statement 
shall show a credit to such deposit account of all sums of in- 
terest accruing on the sinking fund deposited. 



GENERAL SCHOOL LAWS, 



3. The iboard of education of any special school district 
may buy and cancel the bonds of such district and pay for 
the same with the moneys in the sinking fund created to pay 
such bonds. 

4. In first mortgages on farm lands in this state only in 
the following manner, to-wit : 

(a) That said first mortgages and all of them, shall run 
for a period of time and not exceed ten years and that the 
funds so invested shall bear interest at a rate not less than 
six per cent per annum and such interest when paid shall be 
covered into and became a part of the said sinking fund. 

(b) First mortgage loans shall only be made upon culti- 
vated lands within the state, and to persons who are actual 
residents thereof. And in no case on lands of which the ap- 
praised value is lesis than seven dollars and fifty cents per 
acre, and in sums not more than one thousand dollars to any 
one person, firm or corporation. Such appraiseraent to be 
made by the school board of such special school district or 
toy some competent person designated by them for the pur- 
pose. 

(c) All or any of said mortgages may be satisfied at any 
time after five years from the date when made on payment 
of the full amount due thereon, by an instrument in writing 
executed in the corporate name of the special school district 
which shall be the payee in all notes taken for loans as here- 
in provided and the mortgagee in all mortgages taken. 
Such instrument to be executed and acknowledged in the 
same manner as is or may be provided for by law for the 
execution and acknowledgment of transfers of real estate 
by corporations. Such mortgages may be foreclosed by 
advertisements oi;an action in the name of the special school 
district in any coiurt of competent jurisdiction as is now or 
may be provided by law. 

Sec. 2. All acts and parts of acts inconsistent herein 
(herewith) are hereby repealed. 

Sec. 828. INDEPENDENT DISTETOTS, HOW ORaANIZED. 
— Any city heretofore organized for school purposes under a spe- 
cial law and provided with a board of education may become 
incorporated as an independent school district under the provis- 
ions of this article in the manner following: Whenever one-eighth 
of the legal voters of such city voting at the preceding municipal 
election shall petition the mayor and council thereof to submit 
the question as to whether such city shall establish an independ- 



Sl'ATE OF NORTH DAKOTA. 87 

ent school district under this article to a vote of the electors in 
such city it shall be the duty of such mayor and council to sub- 
mit such question accordingly and to appoint a time and place 
or places at which such vote may be taken and to designate the 
persons who shall act as judges at such election, ibut siuch queS' 
tion shall not be submitted oftener than once in two years. 

Sec. 829. NOTICE OF ELECTION.— The mayor of such city 
shall cause at least twenty days' notice of such election to be 
given by puhlishing a notice thereof in one or more newspapers 
within such city, but if no newspaper is published therein, then 
by posting at least five copies of such notice in each ward or vot- 
ing precinct. 

Sec. 830. FORM OF BALLOTS. EETURNS.— The ballots to 
be used at such election shall be in the following form : "For 
establishing an independent ischool district" or "against estab- 
lishing an independent school district." The judges of such elec- 
tion shall make returns thereof to the city council whose duty 
it shall be to canvass such returns and cause the result of such 
canvass to be entered upon the records of such city. If a major- 
ity of the votes caist at such election shall he for establishing an 
independent school district, such independent school district 
shall thenceforth be deemed to be organized under this article 
and the board of education then in office shall thereupon exercise 
the powers conferred upon like officers in this article until their 
successors are elected and qualified. 

Sec. 831. BOUNDARIES OF INDEPENDENT DISTRICTS.— 
All that portion included within the corponate limits of any city 
together with the additions that are now or may be hereafter 
attached to such city limits shall be constituted and established 
an independent school district to be designated as the "Independ- 
ent School District of the City of " and a board of 

education is hereby established for the same. 

Sec. 832. MEMBERS OF BOARD, HOW ELECTED. QUOR- 
UM. — ^Such board shall consist of one member from each ward in 
the city, and when the city is divided into an even number of 
wards, then such city shall elect one memibtr of such board at 
large. Such memhers shall hold their office for the term of two 
years and until their successors are elected and qualified. A 
majority of the members of such board shall constitute a quorum 
for the transaction of business, but a smaller number may meet 
and adjourn. The electors in each ward in such city shall elect 
one member of such board, and the electors of such city shall 
elect one member of the board at large. The wards having even 
numbers shall hold their election in each even numbered year. 



GENERAL SCHOOL LAWS, 



and the wards having" odd numbers shall hold their election in 
each odd numibered year. The memiber at large shall be elected 
biennially in the even nnmibered years ; i>rovided, when such city 
is divided into three wards, such board shall consist of five mem- 
bers, one member from each ward and two meimbers to be choisen 
at lairge; provided, also, that at the first election members from 
even numbered wards shall be elected for a term of one year, 
and members from odd numbered wards for a term of two years ; 
when two members are to be cho'sen at large at such first election. 
one shall be elected for a term of one year and one for a term of 
two years. 

Sec. 833. DATE OF ELECTION. CANVASS OF VOTES.— 
The election referred to in the foregoing- sections shall be held 
on the third Monday in April of each year, at the usual polling 
place for mmnicipal elections in each ward. The mayor shall 
have authority and is hereby empowered to appoint two judges 
and one clerk for such election, who shall open the polls at the 
lio<ur Off eleven o'clock in the forenoon and hold the same open 
until five o'clock in the aifternoon of the same daj'. Such elec- 
tion shall be conducted in all respects and the polls closed and 
votes canvassed in the same manner as nnunicipal elections, and 
the judges shall have the same power and authority in all re- 
spects as the judges of election for municipal oflQcers, and after 
the votes are canvassed the judges shall make their returns to the 
city clerk or auditor, as the case may be, within twenty-four 
bo'urs after the polls are closed, and the citj council shall canvass 
such returns and declare the result within three days thereafter, 
which result shall be entered upon the records of the city, and it 
shall be the duty of the city clerk or auditor to issue certificates 
of election to the persons declared elected. The judges and 
clerks of election shall receive the same compensation for their 
services as at mundcipal elections for mayor and aldermen. 

Sec. 834. VACANCIES, HOW FILLED.— If any vacancy oc- 
curs in the board for any cause, the remaining members thereof 
shall fill such vacancy by appointment until the next annual 
election, and at such election a new member shall be elected to 
fill the unexpired term. 

Sec. 835. STYLE AND POWDERS OF BOARD.— The board so 
elected shall be a body corporate in relation to all the powers 
and duties conferred upon it by this article, and shall be styled 
*'The Board of Education of the Independent School District of 

the City of (here insert the name of the city)" and as 

siuch shall have power to sue and be. sued, contract and be con- 
tracted with, and shall possess all the powers usual and incident 
to such bodies corporate, and such as shall be herein given, and 



STATE OF NORTH DAKOTA. 89 

shall iprocure and keep a common seal. At each annual meet- 
img of the board the members thereof shall elect one of their 
nnm'ber president of the board, and when he is absent a president 
pro tempore shall be appointed who shall preside during such 
albsence. The memhers so elected shall each qualify by taking * 
the prescribed oath oif office within ten days after receiving their 
certificate of election, and shall assume the duties of the office at 
the annual meeting of the board held on the first Monday in May 
of each year. 

Bee. 836. EESPONSIBILITY OF BOAED.— The members of 
the Iboard shall receive no compensation, nor be interested direct- 
ly or indirectly in any contract for building or making any im- 
provements or repairs provided by this chapter. They shall have 
the care and custody of all public property in such district per- 
taining to school purposes and the general management and con- 
trol of all school matters. 

Sec. 837. MEETINGS OF BOARD.— The regular meetings of 
the board shall be held on the first Tuesday of each month, and 
the board may hold special meetings upon notice. The regular 
meeting's may be adjo:urned for any time shorter than one month. 
Special meetings may be called by the president, or in case of his 
aibsence or inability to act, by any three members oif the board 
as often as necessary by giving a personal notice in writing to 
each member of the board or by causing such notice to be left 
at his place of residence at least forty-eight hours before the 
Ti'our of such special meeting. 

Sec. 838. SECRETARY, DT^TIES OF.^Such board shall ap- 
point a secretary who (shall hold his office during the pleasure o-f 
the Iboard and whose compensation shall be fixed by the board. 
The secretary shall keep a record of the proceedings of the board 
and iperf orm such other duties as the board may prescribe. Such 
record or a transcript thereof, certified by the secretary and at- 
tested by the seal of the board, shall be received in all courts as 
prima facie evidence of the facts therein set forth; and such 
records, and all books, accounts, vouchers and papers of the board 
shall at all times be subject to inspection by the members of such 
board O'r any comimittee thereof, or by any taxpayer of the dis- 
trict. For the purpose of economy the board may, if deemed 
advisable, appoint one of its own members secretary. The an- 
nual report of the secretary shall contain such items as may be 
required by the superintendent of public instruction. 

Sec. 839. POWERS OF BOARD.— The board shall have power 
and it shall be its duty to levy and raise from time to time by tax 
such sums as may be determined by the board to be necessary 
and proper for any of the following purposes : 



90 GENERAL SCHOOL LAWS, 

1. To purchase, exchange, lease or improve sites for ischool 
houses. 

2. To build, purchase, lease, enlarge, alter, improve and repair 
school houses and their outhouses and appurtenances. 

3. To purchase, exchange, improve and repair school appar- 
atus, ibooks, furniture and appendages, 

4. To procure fuel and defray the contingent expenses of the 
board, including the expenses of the secretary. 

5. To pay teachers' wages after the apportionment of pu'blic 
moneys which may be by law appropriated and provided for that 
pui'poise. 

Sec. 840. COLLECTION OF TAX.— The tax to be levied and 
collected as aforesaid by virtue of this article shall be collected 
in the same manner as othercounts' taxes, and for that purpose 
the board oif education shall have power to levy and cause to be 
collected such taxes as are herein authorized, and shall cause the 
amount for eadh punpo-se to be certified by the secretary to the 
county auditor in time to be added to and put upon the annual 
tax list of the county. And it shall be the duty oif the county 
auditor to calculate and extend upon the annual assesisment roll 
and tax list the tax so levied by such board, and such tax shall 
be collected as other county taxes are colleected. 

Sec. 841. AMOUNT OF TAX LIMITED.— The amount raised 
for teachers' wages and contingent expenses shall be only such a,s 
together with the public moneys coming to such district from the 
state and count}' fund and other sources shall be sufficient to- 
maintain efficient and proper schools in such district. The taxes 
for the purchasing, leasing or improving of sites, and the build- 
ing, purchasing, leasing, enlarging, altering or repairing of 
school houses ishall not exceed in any year twenty mills on the 
dollar of the assesised valuation of the taxable propertj^ of the 
district^ and the board of education is authorized and directed, 
when necessary, to borrow in anticipation, the amount of the 
taxes to be raised, levied and collected as aforesaid. 

Sec. 842. AUTHORITY TO ISSUE BONDS.— The board of 
education of such district is authorized and eiuipowered, and it is 
its duty whenever the board deems it necessary for the efficient 
organization and establishment of schools in such district, and 
when the taxes authorized by this article shall not be sufficient 
or shall be deemed by the board to be 'burdensome upon the tax- 
payers of the district, from time to time to issue bonds of the 
district in the denomination of fifty dollars or some multiple of 
fif t}', payable at a time not to exceed twenty five years after date- 



STATE OF NORTH DAKOTA. 91 

and bearing interest at a rate not to exceed seven per cent per 
annum, payable semi-annually on the first day of January and 
July of each year; and to show upon their face that they are 
issued for the pnripoise otf building and furnishing a school ho-use 
or school houses, purchasing grounds on which to locate the 
same, or to fund any outstanding indeibtedness, or for the purpose 
of taking up any outstanding bonds; and the said board of edu- 
cation is authorized to cause the isame to be sold at not less than 
par value, and the money realized therefrom deposited with the 
city treasurer to the credit of such board of education ; and when 
any bonds shall be so negotiated it shall be the duty of the board 
to provide by tax for the payment of the principal and interest 
of such bonds; provided, that at no time shall the aggregate 
amount of such bonds, including all other indebtednesis, exceed 
fifty mills on the dollar of valuation of the taxable property of 
such district, to be determined by the last city assessment. 

Sec. 843. MONEYS PAID TO CITY TREASUREK.— All 
moneys raised pursuant to the provisions of this article and all 
moneys which shall by law be appropriated to or provided for 
such district, shall be paid over to the city treasurer of the city. 
and the county treasurer shall from time to time, as he shall re- 
ceive the county school funds, and at least once in each month, on 
the first Monday thereof, pay over to such city treasurer the pro- 
portion thereof belonging to such district; and for that purpose 
the board shall have the power to cause all needful steps to be 
taken, including census reports and other acts or things, to en- 
able such board to receive the school money ibelonging to such 
district, as fully and completely as though such district formed 
one of the school districts of the county where the same may be 
situated. 

Sec. 844. BOND OF TREASURER.— The city treasurer of 
such city shall give a bond to such board of education in such 
sum as the board shall from time to time require, with two or 
more sureties to be approved by the board, conditioned for the 
safe-keeping of the school funds, which shall be in addition to his 
other bond; and isuch treasurer and the sureties upon such bond 
shall be accountable to the board for the moneys that come into 
his hands, and in case of failure of such treasurer to give such 
bond when required by the board, or within ten days thereafter, 
his office shall become vacant and the city council shall appoint 
another person dn his place. 

Sec. 845. SCHOOL FUNDS, HOW KEPT AND PAID OUT.— 
All moneys required to be raised by virtue of this article shall be 
paid in cash or in the warrants hereinafter provided, drawn on 
the school fund onlv, and such monevs and all monevs received 



■92 GENERAL SCHOOL LAWS, 

by such district for the use of the common schools therein shall 
be deposited for safe-keeping with such city treasurer to the 
credit of the board of education and shall by him be safely kept 
separate and apart from any other funds until drawn from the 
treasury as herein provided. Such treasurer shall pay out the 
moneys authorized by this article only upon warrants drawn by 
the president, countersigned by the secretary and attested by the 
seal of such board of education. 

Sec. 846. aEXERAL POWERS OF BOARD.— The board shall 
have power and it shall be its duty : 

1. To organize and estaiblish such schools in the district as it 
shall deem requisite and expedient, and to change and discon- 
tinue the same. 

2. To purchase, sell, exchange and hire school houses and 
rooms, lots or sites for school houses and to fence and improve 
the same. 

3. To build, enlarge, alter, improve and repair school houses, 
outhouses and appurtenances as it may deem advisable upon lots 
and sites owned by the district. 

4. To purchase, sell, exchange, improve and repair school 
apparatus, books for indigent pupils, furniture and appendages 
and provide fuel for schools. 

5. To have the custody and safe keeping of the school houses, 
outhouses, books, furniture and appurtenances, and to see thai 
the ordinances of the city council in relation thereto are ob- 
served. 

6. To contract with and employ all teachers in such schools 
and to remove them at pleasure. 

7. To pay the wages of such teachers out of the mone'v appro- 
priated and provided by law^ for the support of common schools 
in such district, so far as the same shall be sufficient, and the 
residue thereof from the money authorized to be raised by this 
article. 

8. To defray the necessary and contingent expenses of the 
board, including the compensation of the secretary*. 

9. To have in all respects the superintendence supervision and 
management of the common schools of such district, and from 
time to time to adopt, alter, modify and repeal, as they may 
deem expedient, rules and regulations for their organization, 
grading, government and instruction, for the reception of pnpils 
and their transfer from one school to another, for the suspension 



STATE OF NORTH DAKOTA. 93 



and epulx'sion of pupils subject to the same restrictions as are 
contained in sulbdivision 11 of section 797, and generally for their 
good order, prosperity and utility. 

10. To prepare and report to the city council of the city sucli 
ordinances and regulations as may be necessary and proper for 
the protection, safe-keeping, care and preservation off school 
houses, lots, and sites and appurtenances and all the property 
belonging to the district connected with or appertaining to the- 
schools within the city limits, and to suggest proper penalties for 
the violation of isuch ordinances and regulations, and annually, 
on or ibefore the first Monday in July, to determine and certify to 
the county auditor the rate of taxation in its opinion necessary 
and proper to be levied under the provisions of this article for 
the year coiniimencing on the first day of July thereafter, and also 
at any time to determine how many and what denomination of 
bonds shall be issned and sold to pay the extraordinary outlays 
required. 

Sec. 847. VISITING SCHOOLS.— Each member of the board 
shall visit all the public schools in the district at least twice in 
each year oi his official term, and the board shall provide that 
each of such schools s'hall be visited by a committee of three or 
more of their number at least once during such term. 

Sec. 848. NONEESIDENT PUPILS.— Such board of educa- 
tion shall have power to allow the children not resident in such 
district, to attend the schools of such district under the control 
and care of such board, upon such terms as the board shall pre- 
scribe, fixing the tuition which shall be paid therefor. 

Sec. 849. EXPENDITURES NOT TO EXCEED REVENUES. 
— It shall be the duty of the board in all its expenditures and 
contracts to have reference to the amount of money which shall 
be subject to its order during the current year for the particular 
expenditures in question and not to exceed that amount. 

Sec. 850. TITLE TO PROPERTY OF DISTRICT.— The title to 
all property belonging to any such independent school district 
shall ibe vested in such district for the use of the schools, and the 
same w^hile used and appropriated for school purposes shall not 
be levied upon or sold by virtue of any warrant or execution or 
other process, nor be subject to any judgment or mechanic's lien 
or taxation for any purpose whatever; aud the district in its cor- 
porate capacity may take, hold and dispose of any real and per- 
sonal iproperty transferred to it 'by gift, grant, bequest or devise 
for the use oif common schools for the district, whether the same 
is transferred in terms to such district by its proper name or to 
any person or body for the use of such schools. 



94 GENERAL SCHOOL LAWS, 

Sec. 851. REAL PROPERTY. TITLE, HOW CONVEYED.— 
Whenever an}- property is purchased by the board a conveyance 
thereof shall be taken in the name of such district; and whenever 
any sale of such property is made by the board a resolution in 
favor of such sale shall first be adopted and spread upon the 
records of the board, and the conveyance of such property shall 
be executed in the name of such district by the president of the 
board attested by the secretary under the seal thereof, and ac- 
knowledged hy such officers. Such president and secretary shall 
Tiave authority to erecute conveyances as aforesaid, with or with- 
out covenants of warranty on behalf of the district. 

Sec. 852. REPORT OF CITY TREASURER.— It shall be the 
•duty of the city treasurer at least fifteen days before the annual 
election for members of such board and as often as called upon 
by the board, to prepare and report to such board a true and cor- 
rect statement of the receipts and disbursements of moneys 
under and pursiuant to the provisions of this article, during the 
preceding year, which statement shall set forth under appropri- 
ate heads : 

1. The money raised iby the board under section 839. 

2. The school moneys received from the county treasurer. 

3. The money received under section 842. 

4. All moneys received by the city treasurer, subject to the 
order of the board, specifying the sources from which it accrued. 

5. The manner in which all money hais been expended, specify- 
ing the amount under each head of expenditures and the board 
shall at least one week before such election, cause such state- 
ment to be published in all the newspapers of the city which will 
publish the same gratuitously. 

Sec. 853. eiTY COUNCIL TO PASS CERTAIN ORDL 

NANCES.— The city council shall have the power and it shall be 
its duty to pass such ordinances and regulations as the board of 
education may recommend as necessary for the protection, pres- 
'ervation, safe-keeping and care of the school houses, lots,' sites, 
appurtenances, libraries and all necessary property belonging to 
or connected with the schools of the city, and to provide proper 
penalties for the violation thereof; and all penalties shall be col- 
lected in the same manner that the penalties for the violation of 
citj ordinances are collected, and when collected shall be paid to 
the city treasurer, and placed to the credit of the board of educa- 
tion, and shall be subject; to its order as herein provided. 

Sec. 854. FORFEIT FOR REFUSAL TO SERVE AS MEM- 
IBER OF BOARD.— It shall be the duty of the clerk of such board 



STATE OF NORTH DAKOTA. 95 

imimediately after the election of any person as a member thereof, 
personally or in writing, to notify him of his election, and if any 
person shall not within ten days after receiving such notice of 
election, take and subscribe the oath as herein provided and file 
the same with the city auditor, the board may consider it as a 
refusal to serve, and fill the vacancy thus occasioned, and the per- 
son so refusing shall forfeit and pay to the city treasurer for the 
ibenefit of the schools of such district a penalty of fifty dollars, 
which may be recovered in the name of such city by a civil 
action. 

Aetiolb 19. — Boards of Education in Certain Cities. 

Sec. 855. NEW DISTRICT TO ASSUME DEBTS OF OLD.— 
School districts created under the provisions of this article shall 
assume all obligations and liaibilities incurred by the districts out 
of which they are formed, if old districts are not divided, and a 
proportionate part, if divided. 

Sec. 856. BOARDS TO BE ELECTED AT LARGE.— In each 
city not organized under the general law there shall be a board 
of eduQation consisting of seven members having the qualifica- 
tions of electors who shall be elected at large by the electors of 
such city qualified to vote at school elections ; and, except as may 
be otherwise provided herein for the first election, two members 
of such board shall be elected annually and three triennially at a 
special election to be held on the first Tuesday after the first 
llonday in June; provided, that the provisions of this article shall 
not apply to cities existing under a special act and which are 
now conducting their schools under the general school laws. 

Sec. 857. TERM OF OFFICE.— The term of office of a memiber 
of the board of education, except as in this article otherwise pro- 
vided, shall be three years and until his succesisor is elected and 
qualified. 

Sec. 858. ELECTIONS, HOW CONDUCTED.— All elections 
under the provisions of this article shall be called, conducted and 
the votes can\^issed and returned in the manner provided by law 
for general city elections. 

Sec. 859. RELATIVES NOT ELIGIBLE AS TEACHERS.— No 
son, wife or daughter of any member of the school board shall be 
eligible to a position as teacher in schools of the district which 
such member represents except upon the consent of all the mem- 
bers of such board. 

Sec. 860. INDEPENDENT SCHOOL ORGANIZATIONS UN- 
DER SiPECLiL LAW ABOLISHED.— Any independent district 



96 GENERAL SCHOOL LAWS, 

organized for school ipurposes under a special law, which does 
not include or is not included in any citj' or incorporated town 
or village organized for municipal purposes, shall become a part 
of the school district in which it is located by the repeal of the 
special law organizing or governing such independent 
district. Any independent district organized for school pur- 
poses under a special law or under any other law than is con- 
tained in this chapter, which includes or is included in any city 
or inconpoirated town or village organized for municipal pur- 
poses, ishall becoime a special district by the repeal of the special 
law organizing or governing such independent school district. 
Any school district or special district so constituted or consti- 
tuted in part s'hall be governed by the provisions of this chapter; 
provided, that nothing herein shall prevent any such independent 
district froim coming under the operation of this chapter in the 
manner therein iprovided. 

Sec. 861. OLD SCHOOL OFFICERS HOLD OVER.— The 
board of education or other governing board o'f such independent 
district shall continue to exercise the powers and duties devolv- 
ing upon it under the provisions of such special or other law gov- 
erning such independent district, the same as thoiugh such law 
had not been repealed, until the second Tuesday in July following 
the repeal oif such special or other law; provided, that all that 
portion of the general school laws which provides for an annual 
school election shall apply to such independent district and shall 
be in full force and effect for the purpose of electing school officers 
at such annual school election ; and such oflflcers shall be elected 
in and for the whole school district, including the independent 
district or portion of such independent district located therein, 
O'r in and for the special district, the same as though no law had 
ever existed proividing for the organization of such independent 
district; provided, further, that in a special district formed and 
created as herein provided, a full board of education shall be 
elected as provided by law for first elections, but in school dis- 
tricts fomned and created as herein provided by the addition of 
such independent district or portion thereof, there shall be elected 
only such oflQcers as are required to fill the regular vacancies in 
the ischool offices of such school district heretofore organized. 

Sec. 862. DERTS AND ASSETS DETERMINED BY ARBI- 
TRATION. — When the boundaries of isuch school district shall 
have ibeen arranged as contemplated in this article, the deter-min- 
ation and division or consolidation of all debts, property and 
assets of the several portions of such district or districts so con- 
solidated shall be made by arbitration as provided by law. 



STATE OF NORTH DAKOTA. 97 



Article 20. — Free Text Books. 

Sec. 863. POWER OF BOARD OF EDUCATION.— The board 
of trustees or board of education of each and every school dis- 
trict in the state of North Dakota is hereby authorized and em- 
powered to select, adopt and contract for all books and supplies 
needful for the school or schools under its charge; and the said 
board of trustees or board of education shall have power to pur- 
chase the text books and supplies selected or contracted for, and 
provide for the loan free of charge or sale at cost of such text 
books and smpplies to the pupils in attendance at such school or 
schools; provided, that no adoption or contract shall be for a 
period of less than three years nor more than five years; during 
which time the text 'books so selected, adopted and contracted 
for shall not be changed ; provided, further, that before any pub- 
lisher or publishers shall enter or attempt to enter into any con- 
tract for the sale of text books, as hereinbefore provided, they 
shall file with the superintendent of pnblic instruction of the 
state of North Dakota a list of their books and the lowest prices 
at or for which they will sell any or all of such books to any board 
of trustees or board of education in the state of North Dakota, 
and they, the said publishers, shall deposit mth the superin- 
tendent of public instruction a sample copy of each book so 
listed, which shall represent in style of binding, mechanical exe- 
cution, general make-up and matter the book or books they offer 
to sell to the board of trustees at or for the prices so listed and 
in no case shall prices be raised above said listed prices as filed. 
It shall be the duty of the superintendent of public instruction 
to furnish a certified copy of the list of books and prices filed in 
accordance with the provisions of this section to the district clerk 
of each common school district in the state of North Dakota. 

Sec. 864. FREE TEXT BOOKS PROVIDED, WHEN.— When- 
ever in the jud'gment of the board it is desirable or necessary to 
the welfare of the schools in the district or to provide for the 
children therein better school privileges, or whenever petitioned 
so to do by two-thirds of the voters in the district, the board 
shall provide free text books and supplies for all schools under 
its charge, in such manner as hereinbefore provided. All books 
purchased in accordance with the provisions of this article shall 
be paid for out of the school fund of the respective districts, and 
it shall be the duty of the school districts and school boards to 
see that sufficient funds are raised and set aside for the purpose 
of this article. The clerk of each district shall also keep a 
record of all books furnished to the schools in the district. 



98 GENERAL SCHOOL LAWS, 



Article 21. — Purchase of Flags for School Districts. 

Sec. 8G5. UNITED STATES FLAG TO BE DISPLAYED.— 
The school board of any city, town or district, is authorized and 
required to purchase at the expense of the city, town or -district, 
one or more flags of the United States, which shall be displayed 
in reasonaible weather, upon the school houses or flagstaffs upon 
the school grounds during the school hours of each day's session 
of school, and a failure to comply with the provisions of this 
article on the part of any board of education or district school 
board, shall be sufficient grounds for removal of members of such 
board from office. 

Article 22, — State Educational Library. 

Sec. .866. APPROPRIATION FOR.— There is hereby appro- 
priated out of any funds in the state treasury the sum of three 
hundred dollars annually, to be paid hy warrant of the state 
auditor on the treasurer upon the presentation of an itemized bill 
in due form by the superintendent of public instruction, for the 
purchase of reference or pedagogical books for the state educa- 
tional library in the office of such superintendent. 

Article 23. — High School Board. 

Sec. 867. HIGH SCHOOL BOARD.— The governor, superin- 
tendent of public instruction and president of the state university, 
are hereby constituted a board of commissioners on preparatory 
schools for the encouragement of higher education in the state. 
Said board shall be called the "High School Board," and shall 
perform the duties and have and exercise the powers hereinafter 
mentioned. 

Sec. 868. STUDENTS CLASSIFIED.- Any piiblic graded 
school in any city or incorporated village or township, organized 
into a district, under the township or district system, which shall 
give Instruction acco^rding to the terms and provisions of this 
article and shall admit students of either sex from any part of the 
state withoiut charge for tuition, shall be entitled to be classified 
as a state high school and to receive pecuniary aid as hereinafter 
specified ; provided, however, that no such school shall be required 
to admit nonresident pupils unless they pass an examination in 
orthography, reading in English, penmanship, arithmetic, gram- 
mar, modem geography and the history of the United States. 

Sec. 869. REQUIREMENTS FOR CLASSIFICATION.— The 
said board shall require of the schools applying for such pecun- 
iary aid as prerequisite to receiving such aid, compliance with 
the following conditions, to-wit: 



STATE OF NORTH DAKOTA. 99 

1. That there be reguhir and orderly courses of study, embrac- 
ing all the branches prescribed by the said board for the first 
two years of the high school course. 

2. That the said school receiying pecuniary aid under this 
article shall at all times permit the said board of commissioners. 
or any of them, to yisit and examine the classes pursuing the said 
preparatory courses. 

Sec 870. SCHOOLS VISITED OXCE EACH YEAE. WHAT 
SCHOOLS TO RECEIVE STATE AIL). APPROPRIATION.— 1. 

The said board of commissioners shall cause each school receiy- 
ing aid under this article to be yisited at least once in each year. 
Iby a committee of one or more members, who shall carefully in- 
spect the instruction and discipline of the preparatory classes. 
and make a written report on the same immediately; provided, 
that the said board may, in its discretion, appoint, in any case, 
competent persons to yisit and inspect any school and to make 
report thereon ; and no money shall be paid in any case until after 
-such report shall haye been received and examined by the board, 
and the work of the school approved by a vote of the board. 

2. The said board shall receive applications from such schools 
for aid as hereinafter provided, which applications shall be re- 
ceived and acted upon in the order of their reception. The said 
board shall apportion to each of the said schools which shall have 
fully complied with the provisions of this article, and whose ap- 
plication shall have been approved by the board, the following 
sums, to-wit: One hundred seventy-five dollars each year to 
each school having four years' high school course and doing four 
years' high school work; the sum of one hundred forty dollars 
each year to each school having a three j'ears' high school course 
and doing three years' high school work; the sum of one hundred 
dollars each year to each school having a two years' high school 
course and doing two years' high school work ; provided, that the 
total amount of apportionments and expenses under this article 
•shall not exceed four thousand dollars in any one year. The 
sum of four thousand dollars is hereby appropriated annually to 
be paid out of any moneys in the treasury not otherwise appro- 
priated for the purpose of this article; which amount, or so much 
thereof as may be necessary, shall be paid upon the itemized 
vouchers of said board, duly certified and filed with the state 
auditor. 

See. 871. NO COMPENSATION. EXPENSES.— The mem- 
Tbers of said board shall serve without compensation, but the 
actual and necessary expenses of the board or any examiner ap- 
pointed by them, shall be paid in the same manner as those of 



100 GENERAL SCHOOL LAWS, 



state oflQcers ; provided, that the total expenise, including the ap- 
portionments to the schools aforesaid, shall not exceed four 
thousand dollars in any one jeav. 

Sec. 872. DISCRETIONARY POWERS. ASSISTANT EX- 
AMINER. — The high school board shall have full discretionary 
power to consider and act upon applications oif schools for state 
aid, and to prescribe conditions upon which said aid shall be 
granted and it shall be its duty to accept and aid such schools^ 
only as will, in its opinion, if aided, efficiently perform the ser- 
vice contemplated by law; but in each county two schools com- 
plying with the prescribed conditions shall have a right to aid 
from this appropriation before aid may be granted to a third 
school in any county. Any school once accepted and continuing, 
to comply with the law and regulations of the board made in pur- 
suance thereof, shall be aided not less than three years. The 
board shall have power to establish any necessary and suitable 
rules and regulations relating to examinations, reports, accept- 
ance and classification of schools, courses of studies and other 
proceedings under this article. Any assistant examiner ap- 
pointed by the high school board, as authorized by law, shall be 
entitled to receive such compensation as the board may allow, 
not exceeding three dollars a day; provided, that no such com- 
pensation shall be paid to any person receiving a salary from the 
state or from any state institution. 

Sec. 873. SHALL KEEP RECORD.— The said board shall keep 
a record of all the proceedings and shall make on or before the 
first day of December in each year a report, covering the previous 
school year, to the superintendent oif public instruction, showing 
in detail all receipts and disbursements, the names and number 
of schools receiving aid, the number of pupils attending the 
classes in each, to which report they may add such recommenda- 
tions as they may deem useful and proper. 

Akticle 24. — Health and Decency in Public Schools. 

Sec. 874. DUTY OF BOARDS OF EDUCATION.— It shall be 
the duty of all iboards of education and district school boards in 
this state to provide suitaible and convenient water closets or 
privies for each of the schools under their charge, at least two in 
numiber, which shall be entirely separate each from the other, 
and having separate means of access ; and it shall ibe the duty of 
the school officers aforesaid to keep the same in a clean, chaste 
and wholesome condition; and a failure to co-mply with the pro- 
visions of this article on the part of any board of education or 
district school board, shall he sufficient grounds for removal from 
office and for withholding from any district any part of the public 



STATE OF NORTH DAKOTA. 101 

moneys of the state. The ex'pense incurred by the officers afore- 
said in carrying out the requirements of this article shall be a 
charge upon the district, when such expense shall have been ap- 
proved iby the county superintendent of schools of the county 
within which the school district is located, and a tax may be 
levied therefor without a vote of the district. 



CHAPTER 10. 

EDUCATIONAL AND CHAEITABLE INSTITUTIONS. 

Article 1. — University of North Dakota. 

Sec. 875. UNIVERSITY, WHERE LOCATED.— The univer- 
sity of North Dakota as now established and located at the city 
«f Grand Forks shall continue to be the university of the state. 

Sec. 876. BOARD OF TRUSTEES TO GOVERN.— The gov- 
ernmeiit of such university shall be vested in a board of trustees 
consisting of five memibers to be appointed by the governor by 
and with the advice and consent of the senate, who shall hold 
their office for the term of four years commencing on the first 
Tuesday in April next succeeding their appointment. 

Sec. 877. GOVERNOR TO NOMINATE. VACANCIES, HOW 
FILLED. — The governor shall nominate and, by and with the ad- 
vice and consent of the senate, appoint during each regular ses- 
sion of the legislative asisembly trustees of such university in 
the place of those whose terms shall thereafter first expire, and 
such trustees shall hold their office until their successors are ap- 
pointed and qualified; provided, that the governor shall fill any 
vacancy in such board by appointment to extend o>nly until the 
first Tuesday in April succeeding the next regular session of the 
legislative assemibly; and provided, further, that the governor 
shall during such next regular session nominate and, by and with 
the ad^vice and consent of the senate, appoint some person to fill 
such vacancy for the remainder of the term unexpired. Not 
more than two members of the board shall be appointed from the 
same county. 

Sec. 878. POWERS AND DUTIES OF BOARD.— The board 
of trustees shall possess all the powers necessary to accomplish 
the objects and perform the duties prescribed by law, and shall 
have the custody of the books, records, buildings and all other 
property of such univereity. The board shall elect a president 



102 GENERAL SCHOOL LAWS, 



and a. secretaiy wlio shall perforau such duties as may be pre- 
scribed by the by-laws of the board. The secretary shall keep a 
correct record of all tramsactions of the board, and of the com- 
mittees thereof, and in addition to performing the duties of sec- 
retary, he shall be the superintendent of the buildings and 
grounds of the university and discharge such other duties as maj 
from time to time be prescribed by the board of trustees. 

Sec. 879. MEETINGS OF THE BOAKD.— The time for the- 
election of the president and secretary of such board and the 
duration of their respective terms of office, the time for holding 
the regular annual meeting, and such other meetings as may be 
required, and the manner of giving notice of the same shall be 
determined by the board. Four members shall constitute a. 
quorum for the transaction of business, but a less number may 
adjourn from time to time. 

Sec. 880. NUMBER OF ]MEETIXOS LIMITED.— Such board 
shall not hold more than twelve sessions in any year and such 
sessions shall not exceed twenty-four days in the aggregate; but 
the governor may in his discretion authorize additional sessions. 

Sec. 881. GOVERNMENT OF UNIVERSITY. POWERS OF 
TRUSTEES.— The board of trustees shall adopt rules for the 
government of the university in all its branches; elect a presi- 
dent and the requisite number of professors, instructors, officers, 
and employees, fix the salaries and the term of office of each, and 
determine the moral and educational qualifications of applicants 
for admission to the various courses of instruction; but no in- 
struction, either sectarian in religion or partisan in politics shall 
ever be alloiwed in any department of the university, and no sec- 
tarian or partisan test shall ever be allowed or exercised in the 
appointment of trustees, or in the election of professors, teachers 
or other officers of the university, or in the admission of students 
thereto or for any purpose whatever. Such board shall have 
power to remove the president or any professor, instructor or 
officer of the university, when in its judgment the interests of 
the university require it. The board may prescribe rules and 
regulations for the management of the library, cabinets, museum, 
laboratoiries and all other property of the university and of 
its several departments and for the care and preservation there- 
of, with suitable penalties and forfeitures by way of damages 
for their violation, which may be sued for and collected in the 
name of the board before any court having jurisdiction. 

Sec. 882. BOARD MAY EXPEND INCOME.— The board is 
authorized to expend such portion of the income oif the university 
fund as it may deem expedient for the erection of suitable build- 



STATE OF NORTH DAKOTA. lOB 

ings and the purchase of apparatus, a library, cabinets and addi- 
tions thereto; and, if deemed expedient, it may unite with the 
university as a branch thereof any college in the state, upon ap- 
plication of its board of trustees; and such college so received 
shall become a branch of the university and be sulbject to visita- 
tion by the trustees. 

Sec. 883. BOARD TO MAKE REPORT, WHEN.— At the close 
oif each fiscal year the. trustees through their president shall 
make a report in detail to the governor, exhibiting the progress, 
condition and wants of each of the colleges embraced in the uni- 
versity, the course of situdj' in each, the number of professors and 
students, the amount of receipts and disbursements, together 
with the nature, cost and results of all important investigations 
and experiments and such other information as thej ma 3' de^mi 
important, one copy of which shall be transmitted free by the 
governor to each college endowed under the provisions of the act 
oif congress entitled "An act donating land to the several states 
and territories which provide colleges for the benefit of agriculi 
ture and mechanic arts," approved July 2, 1802, and also 
one copy to the secretary of the interior. 

Sec. 884. POWERS OF THE PRESIDENT AND FACULTY. 
— The president oif the university shall be president of the sev- 
eral faculties and the executive head of the instructional force 
in all its departments; as such, he shall have authority, subject 
to the power of the board of trustees to give general directions 
respecting the instruction and scientific investigation of the sev- 
eral colleges, and so long as the interests of the institution re- 
quire it he shall be charged with the duties of one of the profes- 
sorships. The immediate government of the several colleges 
shall be intrusted to their respective faculties, but the trustees 
shall have the power to regulate the course of instruction and 
prescribe the books or works to be used in the several courses. 
and also to conifer such degrees and grant such diplomas as are 
usual in universities, or as they shall deem appropriate, and to 
confer upon the faculty, by 'by-laws, the power to suspend or 
expel students for misconduct or other causes prescribed in such 
by-^laiws. 

Sec. 885. OBJECT AND DEPARTMENTS OF THE UNI- 
VERSITY. — The objects of the university shall be to provide the 
means of acquiring a thorough knowledge of the various branches 
Oif learning connected with scintiflc, industrial and professional 
pursuits, in the instruction and training of persons in the theory 
and art of teaching, and also instruction in the fundamental laws 
of this state and of the United States in regard to the rights and 
duties of citizens, and to this end it shall consist of the following 
branches or departments: 



104 GENERAL SCHOOL LAWS, 

1. The college or department of arts. 

2. The college or department of letters, 

3. The normal college or department. 

4. The school of mines, the Object of which shall be to furnish 
facilities for the education of such persons as may desire to re- 
ceive instruction in chemistry, metallurgy, mineralogy, geology, 
mining, milling and engineering. 

5. The military department or school, the object of which 
shall be to instruct and train students in the manual of arms and 
such military maneuvers and tactics as are taught in military 
colleges. 

6. Such professional or other colleges or departments as now 
are or may from time to time be added thereto or connected 
therewith, and the board of trustees is hereby authorized to es- 
taiblish such professional and other colleges or departments as 
in its judgment may be deemed necessary and proper; but no 
money shall be expended by the board in establishing and organ 
izing any of the additional colleges or departments provided for 
in this section, until an appropriation therefor shall have first 
<been made. 

Sec. 886. COURSES OF IXSTRUCTION.— The college or de- 
partment of arts shall embrace courses of instruction in mathe- 
matical, physical and natural sciences, with their application to 
industrial arts such as agriculture, imechanics, engineering, min- 
ing, and metallurgy, manufactures, architecture and commerce 
and such branches included in the college of letters as shall be 
necessary properly to fit the pupils in the scientific and practical 
courses for their chosen pursuits, and in military tactics. In 
the normal department the proper instruction and learning in 
the theory and art of teaching and in all the various branches 
and subjects needful to qualify for teaching in the coimmon 
schools; and as soon as the income of the imiversity will allow, 
in such order as the wants of the public shall seem to require, 
the courses of sciences and their application to the practical 
arts shall 'be expanded into distinct colleges of the university, 
each with its own faculty and appropriate title. The college of 
letters shall be co-existent with the college of arts, and shall 
embrace a liberal course of instruction in languages, literature 
and philoisophy, together with such courses or parts of courses 
in the college of arts as the trustees shall prescribe. 

Sec. 887. SCANDINAVIAN LANGUAGE TAUGHT.— It shall 
be the duty of the trustees to cause to be taught at said institu- 
tion the Scandinavian language, and for that purpose shall em- 



STATE OF NORTH DAKOTA. . 105 

ploy as one of the teachers of such institution a professor learned 
in that language. 

Sec. 888. PUPILS, WHO MAY BECOME.— The university 
shall ibe open to students of both sexes under such regula- 
tions and restrictions as the board of trustees may deem proper, 
and all able bodied male students of the university may receive 
instruction and discipline in military tactics, the requisite arms 
for which shall be furnished by the state. 

Sec. 889. GRADUATES ENTITLED TO CERTIFICATES TO 
TEACH. — After any person has graduated at the university, and 
after such graduation has successfully taught a public school in 
this state for sixteen months, the superintendent of public in- 
struction shall have authority and it shall be his duty to counter- 
sign the diploma of such teacher if upon examination he is satis- 
tied that such person has a good moral character and is possessed 
of sufficient learning and ability to teach. Any person holding 
a diploma granted by the board of trustees of such university, 
certifying that the person holding the saime hais graduated 
fro'm such university, shall after his diploma has been counter- 
signed by the superintendent of public instruction as aforesaid, 
be deemed qualified to teach any of the public schools in the 
state, and such diploma shall be a certificate of such qualifica- 
tion until annulled by the superintendent of public instruction. 

Sec. 890. TUITION FEES.— No student who shall have been 
:a resident of the state for one year next preceding his admission 
shall be required to pay any fees for tuition in the university, 
except in the law department and for extra studies. The 
trustees may prescribe rates of tuition for any pupil in the law 
department, or who is not a resident as aforesaid, and for teach- 
ing extra studies. 

iSec. 891. COMPENSATION OF TRUSTEES.— The trustees 
shall be entitled to receive the sum of three dollars per day for 
^ach day employed in attendance upon sessions of the board and 
all traveling expenses necessarily incurred thereby. Upon the 
presentation of the proper vouchers containing an itemized state- 
ment of the number of days attendance and money actually ex- 
pended as ^bove specified, duly verified by the oath of the trustee 
und certified by the president and secretary of the board, the 
state auditor shall audit such claim and draw his warrant upon 
the state treasurer for the amonnt allowed. 

Sec. 892. TRUSTEES TO MAKE RULES AND BY-LAWS.— 
The board of trustees shall make rules, regulations and by-laws 
for the government and management of the university and of 
-each department thereof. It shall also prescribe rules, regula- 



103 . GEiNERAL SCHOOL LAWS, 

tioDs and ibj'-laws for the admission ol students; but each aippli- 
cant for admission must undergo an examination tO' be prescribed 
hy the board, and shall be rejected if it shall appear that he is 
not of good moral character. The board shall also require each 
applicant for admission in the normal department, other than 
such as shall, prior to admission, sign and file with such board 
a declaration of intention to follow the business of teaching in 
the common schools of this state for at least one year, to pay 
such fees for tuition as the board may deem pi'opeL' and reason- 
able. 

Sec. 893. SALAKTES.— The board of trustees shall from time 
to time fix the salary of the president, professors and teachers of 
such university, and shall certify the same to the state auditor. 
Such board shall also from time to time certify to the state 
auditor the amount due such persons for salary, and the state 
auditor shall draw his warrants upon the state treasurer for the 
amounts so certified. 

Sec. 894. SECKETARY OF STATE TO FURNISH LAWS.— 
The secretary of state shall deliver to the university fifty copies 
of each volume of the general and special laws of the state, and 
the reports of the decisions of the supreme court, hereafter jmb^ 
lished, for use in the way of exchanges and otherwise in the es- 
tablishment and maintenance of a law library for the laiw depart- 
ment of such university. 

Sec. 895. SUPRE^IE COURT REPORTS, HOW OBTAINED.— 
He shall procure for the purpose aforesaid from the publishers 
of the supreme court reports fifty copies of each volume thereof 
hereafter published, in addition to the number authorized for 
other purposes, to be paid for at the same price and in the same 
manner as such reports are delivered to the secretary for other 
purposes. 

Sec. 896. LOAN OF MUSKETS AUTHORIZED.— The adju- 
tant general or whoever may be in charge of the state arms shall, 
under the direction of the governor, loan to the board of trustees 
of such university one hundred muskets and accoutrements or 
as many as can be spared, not exceeding that numiber, the same 
to be used for drill purposes, by the students of such university, 
versity. 

Sec. 897. MUSKETS, W^HEN RETURNED.— In case snch 
arms and acco^utrements are needed toy the state at any time, the 
governor or adjutant general under his instructions may call 
in the same and the trustees of such university shall immediately 
turn the same over to such officer in good condition. 



STATE OF NORTH DAKOTA. IQT 

Sec. 898. GEOLOaiCAL SUKVEY. DUTY OF TRUSTEES. 
— It shall be the duty of the board of trustees of the university 
to eause to be begun as soon as may be practicable, and to carry 
on a thorough geological and natural history survey of the state. 

Sec. 899. EXTENT OF THE SURVEY.— The geological sur- 
vey shall ibe carried on with a view to a complete account of the 
mineral kingdom, as represented in the state, including the num- 
ber, order, dip and magnitude of the several geological strata, 
their richness in ores, coals, clays, peats, salines and mineral 
waters, marls, cements, 'building stones and other useful mater- 
ials, the value of said substances for economical purposes, and 
their aocessiibility; also an accurate chemical analysis of -the 
various rocks, soils, ores, clays, peats, marls and other mineral 
substances oif which a complete and exact record shall be made. 

Sec. 900. METEOROLOGICAL STATISTICS TABULATED. 
— The board of trustees shall also cause to be collected and tab- 
ulated such meteoroloigical statistics as may be needed to account 
for the varieties of climate in the various parts of the state; also 
to cause to 'be ascertained by barometrical observations or other 
appropriate means, the relative elevations and depressions of the 
different parts of the state; and also on or before the completion 
of such surveys to cause to be compiled from such actual surveys 
and measurements as may be necessary an accurate maip of the 
state; which imiap when approved by the governor shall be the 
official maip of the state. 

Sec. 901. SiPECiMENS COLLECTED.— It shall be the duty 
of said board to cause proper specimens, skillfully prepared, se- 
cured and labeled of all rocks, soils, ores, coals, fossils, cements, 
ibuilding stones, plants, woods, skins and skeletons of animals, 
birds, insects and iishes, and other mineral, vegetable and animal 
substances and organisims discovered or examined in the course 
of isaid surveys, to be preserved for ipublic inspection frjee of cost, 
in the university of North Dakota, in rooms convenient of access 
and properly warmed, lighted, ventilated and furnished, and in 
charge of a proper scientific curator; and they shall also, when- 
ever the same may be practicable, cause duplicates in reaisonable 
numjbers and qiuantities of the above named speciiuens, to. be col- 
lected and preserved for the purpose of exchange with other state 
universities and scientific institutions, of which latter the Smith- 
sonian institution at Washington shall have the preference. 

Sec. 902. MAP OF THE STATE.— The board shall cause a. 
geological map of the state to be made as soon as may be prac- 
ticable, upon which by colors and other appropriate means and 
devices the various geological formations shall be represented. 



108 G-EJNEiRAL SCHOOL LAWS, 

Sec. 903. ANNUAL REPORT OF TRUSTEES.— It shall be 
the duty of the board, through its president, to make on or before 
the second Tuesday in Decemlber of each year, a report showing 
the progress of said surveys, accompanied by such maps, draw- 
ings and specifications as may be necessary and proper to ex- 
emplify the same to the governor, who shall lay the same before 
the legislative assembly, and the board upon the completion of 
any separate portion of any of the said surveys shall cause to be 
prepared a memoir or final report which shall embody in a con- 
venient mianner all useful and important information accumu- 
lated in the course of the investigation of the particular depart •« 
ment or portion; which report or memoir shall likewise be com- 
municated through the governor to the legislative assembly. 

Sec. 904. STATE G^EOLOGIST.— The professor of geology in 
the university shall be ex-offlcio state geologist. 

Sec. 904a. APPROPRIATION FOR EXPENSES GEOLOG- 
ICAL SURVEY. — There is hereby appropriated out of any funds 
in the state treasury not otherwise appropriated the sum of six 
hundred dollars biennially to meet the expenses of traveling and 
other necessary expenses connected with a geological survey of 
the state in accordance with the law providing for a geological 
survey. 

Article 2. — Normal Schools. 

Sec. 905. NORMAL SCHOOLS LOCATED.— The normal 
school as established and located at the city of Mayville in the 
county of Traill, and the normal school as established and located 
at the city of Valley City in the county of Barnes, shall continue 
to ibe the normal schools of the state. 

Sec. 906. ENDOWMENT AND MAINTENANCE.— All pro- 
ceeds accumulating in the interest and income fund arising from 
the sale or rental of the lands granted or hereafter to he granted 
hj the state of North Dakota, for such normal schools, are hereby 
pledged for the establishment and maintenance of such schools. 

iSec. 907. MANAGEMENT OF.— The government and man- 
agement of such schools are vested in a board of trustees to be 
known as the board of trustees of the state normal schools, and 
in a board of management for each school to be known as the 
board of management of the normal school at Mayville, and the 
board of management of the normal school at Valley City respect- 
ively. 

Sec. 908. BOARDS, HOW CONSTITUTED.— The board of 
management for each normal school shall consist of five mem- 



STATE OF NORTH DAKOTA. 109 

toers. The board of trustees of such normal schools shall consist 
of twelve memibers, ten of whom shall be the members ol the 
respective board of management as herein provided. The gov- 
ernor and superintendent of public instruction shall be ex-iofficio 
members of such board of trustees, and the superintendent of 
public instruction shall act as president of such board. 

Sec. 909. TERMS OF TRUSTEES.— The governor shall by and 
with the advice and consent of the senate appoint during each 
biennial session of the legislative assemibly, five members of such 
iboard of trustees who shall hold their office for four years com- 
mencing on the second Tuesday in April (following such appoint- 
ment The governor shall fill all vacancies therein by appoint- 
ment for unexpired terms. At the first meeting of the board of 
management €f each normal school the mem'bers thereof shall 
take and subscribe the oath of office required of all civil officers. 
and shall proceed to elect a president who shall reside in the 
vicinity of such normal school, and the principal of the school 
shall be the secretary of the board but shall have no vote. In 
the abisence of the principal the board may select one of its mem- 
'bers to act as secretary. A majority of the members of the 
board of management shall constitute a quorum for the transac- 
tion of business. 

Sec. 910. COMMISSIONS. SEORETARY.— The governor 
shall cause to be issued to" each of the mem'bers of the board of 
trustees a commission under the great seal of the state, and such 
commission shall designate the board of management upon which 
such members shall serve. At the first meeting of the board the 
memibers thereof shall proceed to select and aippoint a secretary 
of the board. A majority of the members of the board of trus- 
tees shall constitute a quorum for the transaction of business. 

Sec. 911. (Amended.) MEETINGS. COMPENSATION.— 
The boar^ of trustees shall meet at Valley City and at Mayville 
or at the seat of government at such time each year as may be 
decided upon by the board. The members of the board shall 
receive the sum of three dollars per day for each day employed 
in attendance upon sessions of the board of trustees, or the board 
of management, and their actual and necessary expenses in at- 
tending meetings of the resj)ective boards, or in other duties con- 
nected therewith, which expenses shall be paid out of the state 
treasury upon the vouchers of the respective boards in the man- 
ner provided by law. The board of trustees shall not be in ses- 
sion for exceeding eight days in any one year nor either board of 
management to exceed twelve days during each year. The sec- 
retary of the board of trustees shall receive such salary as shall 
be determined by the board not exceeding one hundred dollars a 



110 GENERAL SCHOOL LAWS, 

year and his actual expenses incurred in attending meetings of 
the hoard, which shall ibe paid as herein provided for members 
of the board of trustees. 

Sec. 912. TREASUKER TO KEEP FU:N^DS.— All moneys aris- 
ing ifrom the interest and income derived from the rental and sale 
of the lands appropriated to such schools and all moneys that 
may hereafter be appropriated by the state, including all moneys 
raised in any other manner for either of such schools shall be 
depoisited with the state treasurer, to be hy him liept in two sep- 
arate funds, to be known as the fund oi the state normal school 
at M'ayville, and the fund of the state normal school at Valley 
City, respectively, and such funds shall be used exclusively for 
the benefit of such schools. 

Sec. 913. OBJECTS OF N0R:MAL SCHOOLS.— The objects of 
such normal schools shall be to prepare teachers in the science 
of education and the art of teaching in puiblic schools. The 
board of trustees, with the assistance of the respective faculties, 
shall adopt the full course of study prescribed for that purpose, 
w^hich shall embrace the academic and professional studies 
usually taught in normal schools. Such schools shall in all 
things be free from sectarian control. 

iSeic. 914. DUTIES OF BOARD AS. TO APPROPRIATIONS.— 
The hoard of management of each normal school shall direct the 
disiposition of all monejas appropriated by the legislative asseniJbly 
for current expenses for such school, and shall have supei'vision 
and charge of the construction of all buildings authorized by law 
for such school, and shall direct the disposition of all moneys 
appropriated therefor or accumulating therefor as provided in 
this article. They shall have power to appoint one of their 
members superintendent of construction of all buildings, who 
shall receive three dollars per day for each day actually and 
necessarily engaged in the discharge of his duties, not to exceed 
fifty days in any one year, which sum shall be paid oait of the 
state treasui-y as herein provided; but all expenditures incurred 
Tinder the direction of either of the boards aforesaid shall be 
audited and allowed by such board of manaigement and the ex- 
penditures incurred under the direction of the board of trustees 
aiforesaid shall be audited and allowed by such board. 

Sec. 915. SALARIES OF EMPLOYEElS. REPORTS.— The 
board of management of each normal school shall have the care 
of the buildings belonging to such school. It shall have power 
to fix the salaries of employees, except members of the faculty, 
and to presicriibe their respective duties, and to remove any of 
such employees at any time. It shall at such times as mav be 



STATE OF NORTH DAKOTA. HI 

determined upon propose to the board of trustees the names ol 
persons as principal, teachers and instructors, with the recom- 
mendation that such persons be emiploved -by such board of trus- 
tees as the faculty of such scho'ol. It shall on or before the 
third Monday in November of each year, make an annual report 
to the board of trustees, showing a statement of all expenditures 
of funds under its direction, the erection and care of buildings, 
the condition of the schools, and containing such recommenda' 
tions as they may think proper. 

Sec. 916. SALABtES OF PRI^^GIPAL AND TEACHERS.— 
The board of trustees shall fix the salaries of the principal, teach- 
ers and instructors, and shall employ the persons therefor that 
have been recommended by the respective iboards of management, 
unless in the opinion of the board of trustees a reasonaible ground 
exists for refusing to employ such person. The 'board of trus- 
tees shall prescribe the time and the lengih of the various terms 
of such schools. 

Sec. 917. THE FACULTY, DUTIES OF.— The faculty shall 
consist of the principal, teachers and instructors employed for 
each school as herein provided. They shall pass all needful 
rules and regulations for the government and discipline of the 
schools, regulating the routine of labor, study, meals and the 
duties and exercises and such other rules and regulations as are 
necessary for the preservation of morals, decorum and health. 
They shall carry out the course oif study adopted by the board of 
trasitees and shall arrange for the classification of all pupils in 
conformity therewith. 

Sec. 918. DUTY OF PRIXCIPAL.— The principal shall be the 
chief executive officer of the school and it shall be his duty to see 
that all the rules and regulations are executed. The subordinate 
officers and employees shall be under his direction and super- 
vision. 

Sec. 919. ANNUAL REPORT OF FACULTY.— The faculty 
shall, on or before the third Monday in October in each year make 
an annual report to the board oif trustees showing the general 
condition of the school and containing smch recommendations as 
the welfare of the institution demands. 

iSec. 920. BIENNIAL REPORTS TO GOVERNOR.- The board 
of trustees shall make a report to the governor on or before the 
fifteenth day ol Novemiber next preceding each biennial session 
•of the legislative assembly, containing the several reports of the 
I)oards of management and faculties herein provided for, showing 
the condition of the funds appropriated for the school, the money 
expended and the purpose for which the same was expended, in 



112 GENERAL SCHOOL LAWS, 

detail, and showing the condition of the normal schools gener- 
ally. 

Sec. 921. DIPLOMAS.— The board of trustees and the respect- 
ive faculties of each school shall have power to issue diplomas to 
all persons who shall have completed the course of study pre- 
scribed for the normal schools as herein provided, and who shall 
have passed a satisfactory examination under the direction of the 
board of trustees, upon the branches contained in such course, 
and who shall ibe know- n to possess a good moral character, which 
diploma shall iset forth the above mentioned facts and shall be 
designated the state normal school diploma. 

Sec. 922. STATE PROFESSIONAL CERTIFICATE.— Any 
person who is the holder of such a diploma and who can furnish 
satisfactory evidence to the superintendent of public instruction 
that he has had three years' successful experience as a teacher, 
shall be granted by the superintendent of public instruction a 
state professional certificate, valid for life, as provided by law, 
and any such person who can furnish satisfactory evidence of 
one year's successful experience as a teacher shall be granted such 
certificate, valid for five years, as provided 'by law. The fees for 
such certificate shall be as provided by law. 

Aeticle 4. — Agrigultueal College. 

Sec. 934. LOCATION OF.— The aigricultural college shall con- 
tinue as now established and located at Fargo in the county of 

Oa.ss. 

Sec. 935. MANAOEiMENT OF. — The government and manage- 
ment of such college is vested in a board of trustees to toe known 
as the to'oard of trustees of the agricultural college. 

Sec. 936. BOARD OF TRUSTEES, HOW APPOINTED. VA- 
CANCIES. — The board of trustees shalj consist of seven members, 
to be appointed as follows : During each biennial session of the 
legislative 'assemlbly there shall be nominated by the governor 
and, by and with the advice and consent of the senate, appointed 
for the term of four years, trustees to fill vacancies occurring by 
the expiration of the term of office of those previously appointed. 
The governor shall have power to fill all vacancies in such board 
w^hich occur when the legislative assembly is not in session, and 
the imemtoers of such board shall hold their office until their suc- 
cessors are appointed and qualified as provided in this article- 
Persons appointed to fill vacancies shall hold office only until the 
first Tuesday in April succeeding the next session of the legisla- 
tive assembly. 



STATE OF NORTH DAKOTA. HB 

Sec. 937. COMMISSION. OATH. ORGANIZATION.— The* 
governor shall oauise to be issued to each trustee so appointed a 
comimission under the great seal of the state. , At the first meet- 
ing of such board the members thereof shall take and subsoribe 
the oath of office required of other civil officers and shall then 
proceed to elect a president, secretary and treasurer, but the 
treasurer shall not be a member of the board. A majority of the 
members of the board shall constitute a quorum for the transac- 
tion of business. The 'board shall require a bond of its treasurer 
in such an amount and with such sureties as it may deem proper. 

Sec. 938. MEETINGS, WHERE HELD. COMFENSATTON 
OF TRUSTEES.— The (board shall hold its meetings at the city 
of Fargo at such times as it may designate, but there shall not be 
to exceed six regular meetings each year; provided, that the pres- 
ident of the board shall have power to call special meetings 
whenever in his judgment it becomes necessary. The members 
of the board shall receive as coimpensation for their services the 
sum of three dollars per day for each day employed and five cents 
per mile for each mile actually and necessarily traveled in at- 
tending the meetings of the board, which suim shall be paid out 
of the state treasmy upon vouchers of the board duly certified 
by the president and secretary thereof. 

Sec 939. DUTIES OF BOARD.— Such board shall direct the 
disposition of all moneys appropriated by the legislative assemJbly 
or 'by the congress of the United States, or that may be derived 
from the sale of lands donated by congress to the state for such 
college, or that may be donated to or come from any source to the 
state for said college, or experiment station for North Dakota, 
subject to all restrictions imposed upon such funds either by the 
constitution or laws of the state or by the terms of such grants 
from congress, and shall have supervision and charge of the con- 
struction of all ibuildings authorized by law for such college and 
station. The board shall have power to employ a president and 
necessary teachers, instructors and assistants to conduct such 
school and carry on the experiment station connected therewith 
and to appoint one of its memibers superintendent of construction 
of all buildings, who shall receive three dollars per day for each 
day actually and necessarily engaged in the discharge of his 
duties, not to exceed fifty days in any one year, which sum shall 
be paid out of the state treaisury upon the vouchers of said board. 

Sec. 940. COURSE OF INSTRUCTION.— The object of such 
college shall be to afford practical instruction in agriculture and 
the natural sciences connected therewith, and in the sciences 
which bear directly upon all industrial arts and pursuits. The 
course of instruction shall embrace the English language and lit- 



114 GENERAL SCHOOL LAWS, 

erature, mafthematics, military tactics, civil engineering, agricul- 
tural chemistiy, animal and vegetable anatomy and physiology, 
the veterinary art, entoimiology, geology and such other natural 
sciences as may be prescribed, political, rural and household 
economy, horticulture, moral philosophy, history, bookkeeping 
and especially the application of science and the mechanic arts 
to practical agriculture. A full course of study in the institu- 
tion shall embrace not less than four years, and the college year 
shall consist of not less than nine calendar months, which may 
be divided into terms by the board of trustees as in its judgment 
will best secure the o'bjects for which the college was foiunded. 

Sec. 941. BOARD OF TRUSTEES TO FIX SALARIES.— The 
board of trustees shall fix the salaries of the president, teachers, 
instructors and other employees and prescribe their respective 
duties. The board shall also fix the rate of wages to be allowed 
the students for labor on the farm and experiment station or in 
the shops or kitchen of the college. The board may remove the 
president or subordinate officers and supply all vacancies. 

Sec. 942. FACULTY TO ADOPT RULES AND REGULA- 
TIONS. — The faculty shall consist of the president, teachers and 
Instructors and shall pass all needful rules and regulations for 
the government and discipline of the college, regulating the rou- 
tine of labor, study, meals and the duties and exercises, and all 
such rules and regulations as are necessary foir the preservatiom 
of morals, decorum and health. 

Sec. 943. DUTIES OF PRESIDENT.— The president shall be 
the chief executive officer of the college and it shall be his duty 
to see that all rules and regulations are executed, and the subor- 
dinate officers and employees not members of the faculty shall be 
under his direction and supervision. 

Sec. 944. FACULTY TO MAKE ANNUAL REPORT TO 
BOARD. — The faculty shall make an annual report to the board 
of trustees on or before the first Monday in November of each 
year, showing the condition of the school, experiment station and 
farm and the results of farm experiments and containing such 
recommendations as the welfare of the institution demands. 

Sec. 945. ANNUAL REPORT TO GOVERNOR.— The board 
of trustees shall on or before the fifteenth day of November in 
each year make a report to the governor setting forth in detail 
the operations of the experiment station, including a statement 
of the receipts and expenditures, a cwpy of which report shall be 
sent by the governor to the commissioner of agriculture and to 
the secretary of the treasury of the United States, and the board 
s-liall also make a report to the governor on or before the fifteenth 



STATE OF NORTH DAKOTA. 115 

•day 0)f Novemiber next preceding each biennial session of the leg- 
islative assembly, containing a financial statement showing the 
condition of all funds approipriated for the use of such college 
^nd experiment station, also the moneys expended and the pur- 
poises for which the same were expended, in detail, also the condi- 
tion of the institution and the results of the experiments carried 
-on there. 

Sec. 946. HONOKARY DEGREES MAY BE CONFERRED.— 
The board and the faculty shall have power to confer de- 
grees upon all persons who ishall have completed the course oif 
study prescribed by them, and who shall have passed a satis- 
factory examination in the branches contained in such course, 
^nd who poseess a good moral character. 

Sec. 947. EXPERIMENT STATION.— The agricultural ex- 
periment sitation heretofore established in connection with such 
college is continued and the same shall be under the direction of 
the board of trustees of such college, for the purpose of conduct- 
ing experiments in agriculture according to the provisions of 
section 1 of the act of congress approved March 2, 1887, entitled 
"An act to establish agricultural experiment stations in connec- 
tion with the colleges established in the several states under the 
provisions of an act approved July 2, 1862, and of the acts supple- 
mentary thereto." 

Sec. 948. LEaiSLATIVE ASSENT TO GRANT BY CON- 
G-RESS. — The assent of the legislative assemlbly is hereby given 
in pursuance of the requirements of section 9 of said act of con- 
gress, approved March 2, 1887, to the grant of money therein 
made and to the establishing of an experiment station in accord- 
ance with section 1 of said last mentioned act, and assent is 
herelby given to carry oiut the provisions of said act. 

^« iSec. 949 ACCEPTANCE OF LAND GRANT— The grants of 
land accruing to this state by virtue of an act of congress donat- 
ing public lands for the use and support of agricultural colleges 
approved February 22, 1889, is hereby accepted with all the con- 
ditions and provisions in said act contained, and said lands are 
hereby set apart for the use and support of the colleges herein 
provided for. 

Sec. 950. BOND OF TREASURER.— The treasurur of such 
college shall give a bond in the sum of fifty thousand dollars with 
at least four sureties to be approved by the board of trustees of 
such college, conditioned for the faithful accounting of all moneys 
^received by him as such treasurer. 



116 GENERAL SCHOOL LAWS. 

AGEICULTUEAL AND GEOLOGICAL SUEVEY. 
(Chapter 8, Laws 1901.) 

Section 1. AGRICULTUKAL COLLEGE BOARD CO-OP- 
ERATE. — The boaird of trustees of the agricultural college 
of the state of North Dakota is hereby authorized to co- 
operate with the directors of the United States federal sur- 
veys and to accept the co-operation of the United States with 
this state in executing a topographic, economic and agri- 
cultural survey and map of North Dakota, which is hereby 
authorized to be made; and the said board of trustees shall 
have the power to arrange with said directors, or other au- 
thorized representatives of the United States government 
surveys, concerning the details of said work, the methods of 
its execution, and the order in part of time in which these 
surveys and maps of the different parts of the state shall be 
completed; provided, that the said directors of the United 
States government survey, thus co-operating with the state 
of North Dakota, shall agree to expend on the part of the 
United States upon said work a sum equal to that appropri- 
ated by the state of North Dakota for that purpose. 

Sec. 2. MAPS UNIFORM WITH U. S. MAPS.— In arrang- 
ing the details heretofore referred to, it is expected that the 
topographic maps resulting from this survey shall be similar 
in general design to the Fargo and Casselton sheets already 
made by the United States geological survey; that they shall 
show the location of all roads, railroads, streams, lakes and 
rivers, and shall contain certain lines showing the elevation 
and depression for every twenty feet of vertical interval of 
the surface of the county; and that the resulting maps shall 
recognize the co-operation of the state of North Dakota. 

Sec. 3. MAKE AN ECONOMIC SURVEY.— Following 
the completion of the topographic maps, or as rapidly as deemed 
expedient, an economic survey shall be made, including a 
complete account of all economic resources of agricultural 
importance, including the character and value of soil for 
agricultural purposes, the nature and extent of water sup- 
plies, both surface and artesian, together with the analysis 
of soils, waters, etc., including also the collecting and tabu- 
lating of meteorological data necessary in explaining clim- 
atic variations, and such other investigations as naturally 
'belong to an economic survev. 



SIATE OF NORTH DAKOTA. 117 

Sec. 4. STATE DIRECTOR TO COLLECT SAMPLES.— 
It shall be the duty of the state director of this survey to 
collect or cause to be collected samples of all rocks, soils, 
coals, clays, minerals, fossils, plans, woods, skins and skele- 
tons of native animals, and such other products of economic 
lor scientific interest discovered during this survey, which 
properly secured and labeled, shall be placed on exhibition 
in the museum of the North Dakota agricultural college. 

See. 5. ARRANGE TO PUBLISH MAPS.— The state 
director of this survey shall arrange with the directors of 
the government surveys for the puiblications of economic 
maps resulting from this survey, which shall be similar in 
design to, and uniform with the publication now made by 
these surveys accompanied by (a) the written description of 
the formations and economic resources, which shall consti- 
tute a report, embodying and setting forth all useful infor- 
mation developed during these investigations. 

Sec. 6. PUBLISH REPORTS.— There shall be published 
from time to time, as bulletins of the North Dakota experi- 
ment station, preliminary reports of this survey, as the work 
progresses, showing the results of the survey and investiga- 
tions conducted, together with preliminary maps, showing 
the areas covered, and these preliminary reports shall be 
sent gratis to all citizens of North Dakota making appli- 
cation. 

Sec. 7. MAKE BIENNIAL REPORT TO GOVERNOR.— 
It shall be the duty of the said board of trustees, througli the 
state director of this survey, to make on or before the second 
Tuesday of December of each year, immediately preceding 
the regular sessions of the legislative assembly oi North Da- 
kota, a biennial report to the governor, showing the progress 
of the survey, accompanied by copies of the maps completed 
and results accomplished, together with a report of all 
moneys received and expended; and the governor shall lay 
this report before the legislative assembly. 

Sec. 8. STATE DIRECTOR.- The professor jt geologv ,of 
the North Dakota agricultural college shall act, mde:* the 
direction of the board of trustees of said institution, as state 
director of this survey. 

Sec. 9. APPROPRIATION.— There is hereby appropri- 
lated out of the money af the state treasury, not otherwise 
appropriated, the sum of five hundred dollars |500) annually, 



118 GENERAL SCHOOL LAWS, 

which shall be paid by the state treasurer upon a draft from 
the secretary of the hoard of trustees, having in control this^ 
survey. 

Sec. 10. NAME. — This survey shall be known as the Agri- 
cultural College survey of North Dakota. 

Sec. 11. NOT CONFLICTINa.— This act is not to be con- 
strued as conflicting in any manner with or repealing the 
geological survey of North Dakota already established at the 
state university. 

Sec. 12. BELONG TO THE STATE.— Any lands belonging: 
to the state, or lands known as school lands and public insti- 
tution lands, in which is discovered any valuable deposit of 
coal or minerals of any kind, clay, gravel or stone shall be 
and remain the property of the state until provision for the 
sale or leasing thereof is especially provided for by law. 



Aeticle 5. — Deaf and Dumb Asylum. 

Sec. 951, LOCATION.— The deaf and dumb asylum as located 
by the constitution at Devils Lake shall continue to be the insti- 
tution for the support and education of he deaf and dumb chil- 
dren of the state. 

Sec. 952. BOARD OF TRUSTEES, HOW APPOINTED.— 
Such institution shall be under the supervision of a board of 
trustees consisting of five members, who shall be appointed by 
the governor by and with the advice and consent of the senate. 
At each ibiennial session of the legislative assembly the governor 
shall nominate and, by and with the advice and consent O'f the 
senate, appoint for the term of four years, trustees to fill vacan- 
cies occurring by the expiration of the term of office of those 
previously appointed, and the governor shall have power to fill 
all vacaincies in the board which shall occur when the legislative 
assem'bly is not in session, and the members of such board shall 
hold their office for the term of four yearis eomimencing on the 
first Tuesday in April succeeding their appointment, and until 
their successors are appointed and qualified, except membens 
appointed to fill vacancies during the recess of the legislative 
assembly, which members shall hold only until the first Tuesday 
in April succeeding the next regular -session of the legislative 
assembly. 



STATE OF NORTH DAKOTA. 119 

Sec. 953. OEaANIZATION. MEETINGS.— Such trustees 
shall meet in the city ol Devils Lake. They shall choose from 
among their number a president and secretary, who shall hold 
office for two years, and until their successors are appointed and 
qualified. Three members of the board shall constitute a 
quorum for the transaction of business. Such board shall meet 
annually in the month of April and as often thereafter as may 
be deemed necessary for the proper transaction of busine«s, upon 
the call of the president or secretary. 

Sec. 954. OATH. DUTIES OF OFFICERS OF BOARD.— 
Each member of the board shall before entering upon his duties 
take and subscribe the oath required of other civil officers, which 
oath shall be filed in the office o-f the secretary of state. The 
president shall preside at all meetings of the board when pres- 
ent and in his absence a president pro tempore may be named to 
perform the duties of president. The secretary shall keep a cor- 
rect record of the proceedings of the board and have charge, in 
trust for the institution, of all papers and records of the same. 

Sec. 955. BOARD TO DIRECT DISPOSITION OF MON- 
EYS. — The board shall direct the disposition of all moneys ap- 
propriated by the legislative assembly or received from any 
other source for the benefit of such institution. 

Sec. 956. DUTIES OF BOARD.— Such board shall have gen- 
eral supervision of the institution, adopt rules for the govern- 
ment thereof, employ and fix the salaries of all employees, pro- 
vide necessaries for the institution and perform other duties, 
not devolving upon the principal, necessary to render it efficient 
and to carry out the provisions of this article. 

Sec. 957. INDEBTEDNESS LIMITED.— The board shall not 
create any indebtedness againsit such institution exceeding the 
amount appropriated by the legislative assembly for the use 
thereof. 

Sec. 958. COMPENSATION OF ^lEMBERS OF BOARD.— 
The members of the board shall receive as compensation for their 
services three dollars per day for each day employed, and five 
cents per mile for each mile actually and necessarily traveled 
in attending meetings of the board, to be paid out of the state 
treasury upon vouchers of the board duly certified by the presi- 
dent and secretary thereof. 

Sec. 959. FEE FOR NONRESIDENT CHILDREN.— Deaf and 
dumb children, not residents of this state, of suitable age and 
capacity, shall be entitled to an education in such school on pay- 
ment to the state treasurer of the sum of one hundred and eighty 



120 GENERAL SCHOOL LAWS, 



dollars per annum, in advance, but such children shall not be 
received to the exclusion of children of this state. 

Sec. 960. lEESIDENTS ENTITLED TO EDUCATION FREE.— 
Each deaf and dumb person, who is a resident of this state, of 
suitable age and capacity, shall be entitled to receive an educa- 
tion in such institution at the expense of the state. 

Sec. 961. DEAF TO BE REPORTED TO PRINCIPAL OF 
SCHOOL. — The assessors of each county shall annually report 
to the county auditor the names, ages, post office address and 
names of parents or guardian of each deaf and dumb person 
between the ages of five and twenty-five years residing in his dis- 
trict, including all such persons as may be too deaf to acquire an 
education in the common schools. Such county auditor shall, 
on or 'before the first day of Aug-ust in each year, send a list con- 
taining the names, ages and residences of all such persons to the 
principal of the school. 

Sec. 962. ACCOTINTS FOR CLOTHING, HOW COL- 
LECTED. — ^When the pupils of such institution are not other- 
wise provided or supplied with suitable clothing, they shall be 
furnished therewith by the principal, who shall mal^e out an ac- 
count thereof in each case against the parent or the guardian, 
if the pupil is a minor, and against the pupil if he has no parent 
or guardian or if he has attained the age of majority; which 
account shall be certified to be correct by the principal, and 
when so certified such account shall be presumed correct in all 
courts. The principal shall thereupon transmit such account 
by mail to the county treasurer of the county from which the 
pupil so supplied shall have come; and such treasurer shall pro- 
ceed at once to collect the amount by suit in the name of his 
county, if necessary, and pay the same into the state treasury. 
The principal shall at the same time remit a duplicate of such 
account to the state auditor, who shall credit the same to the 
account of the school and charge it to the proper county; pro- 
vided, that if it shall appear by the affidavit of three disinter- 
ested citizens of the county, not of kin to the pupil, that such 
pupil or his parents would be unreasonably oppressed by such 
suit, then such treasurer shall not commence such action, but 
shall credit the same to the state on his books and report the 
amo'unt of such account to the board of county commissioners 
of his county, which board shall levy a sufficient tax to pay the 
same to the state and cause the same to be paid into the state 
treasury. 

Sec. 963. TRANSPORTATION OF INDIGENT PERSONS, 
HOW PAID. — The board of countv commissioners shall order 



STATE OF NORTH DAKOTA. 121 

to he paid the expenses of transportation to and from such insti- 
tution of any indigent deaf and dumb children entitled to ad- 
mission thereto, and they shall at the time of levying other taxes, 
levy a tax suflQcient to reimburse the county therefor. In order 
to avoid long delay in transporting indigent children to and from 
the insititution, the principal may, upon correspondence with the 
auditor of such county, pay such transportation and forward to 
such county auditor an itemized statement of the expenses. The 
board of county commissioners shall order the county treasurer 
to draw his warrants for such amount in favor of the principal 
of the institution, who shall account for such money as provided 
by law. 

Sec. 964. FACULTY. DUTIES OF PRIXCIPAL.— The officers 
of the institution shall be a principal and a matron. The prin- 
cipal shall be a caipaible person, skilled in the sign language and 
all the methods in use in educating the deaf, and shall have 
knowledge of the wants and requirements of the deaf in their 
proper training and instruction. The principal and matron must 
reside at the institution. The principal shall receive a salary 
of not less than fifteen hundred dollars per annum. The princi- 
pal shall annually make to the board of trustees a written report 
stating in full the true condition of the educational, the domestic 
and the industrial departments of the institution and his action 
and proceedings therein, which report shall be embraced in the 
report of the trustees to the governor. He shall keep and have 
€harge of all necessary records and registers of each depart- 
ment and have the supervision of teachers, pupils and servants 
and perform such other duties as the board may require. He 
may recommend and with the approval of the board employ all 
assistants needed therein. He shall have special charge of the 
male pupils, out of school hours, and shall furnish them with 
employment about the premises or in some trade to which they 
are adapted when such trades have been organized and estab- 
lished at the institution by the trustees and provision for their 
maintenance made by the legislative assembly. The proceeds 
and products arising from the labor and employment of the 
pupils shall inure to the use and benefit of the institution. 

Sec. 965. DUTY OF MATRON.— The matrou of the school 
shall have control of the internal arrangement and management 
of the institution and of the female pupils, out of school hours. 
She shall instruct the female pupils in the domestic arts or in 
some trade to which they are adapted, under the direction of 
the principal. 

iSec. 966. BOARD TO MAKE BIENNIAL REPORTS.— Tlie 
board of trustees shall on or before the fifteenth day of Novem- 



122 GENERAL SCHOOL LAWS, 

ber preceding each regular session of the legislative assembly 
make a full and complete report to the governor, showing : 

1. A statement of the financial condition of the institution 
from the date of the last report, giving in detail the amount of 
moneys received from all sources and the amount expended. 

2. iThe value of real estate and buildings at the date of the 
last report and the cost of improvements made, if any, since such 
report. 

3. The number of pupils in attendance, their names, ages, resi- 
dences, and cause of deafness ; also the number that have entered 
the institution, and the number of those who have left since the 
last report. 

4. The nuniber and cause of deaths, if any, which have oc- 
curred in the institution since the last report. 

5. The improvement, health and discipline of the pupils. 

G. The names of the officers, teachers and servants employed. 

7. All other needful information touching such matters as. 
may be deemed of interest. 

8. Such recammendations as may be deemed needful. 

Sec. 96eb. DISPOSITION OF MONEY RECEIVED.— All 
money that shall arise from the interest received on all moneys 
derived from the sale of lands hereinbefore or that imay hereafter 
be aipproprdated for said deaf and dumb asylum, including all 
money that ma 3' be received from the renting of said land and all 
moneys thait may be hereafter appropriated for said deaf and 
dumb asylum, by the state of North Dakota, including all money 
raised in any other manner or donated to said asylum, shall be 
deposited with the state treasurer, to be kept by him in a separate 
fund, which shall be known as the deaf and dumb asylum fund, 
and be used exclusively for the benefit of said deaf and dumlb 
asyl'um as may be herein or hereafter provided. 

Sec. 966c. BOOKS OPEN TO INSPECTION.— Every duty and 
contract to be performed by said trustees must receive the ap- 
proval of the majority of the board in regular session duly called, 
in order to make binding and valid. All proceedings of said 
board shall be recorded in a book kept for that purpose, and open 
to the inspection of anybody on request. 

Sec. 966d. ITEMIZED VOUCHERS.— All moneys that may 
come into the treasury of the state of North ]~)akota, and credited 
to the deaf and dumb asylum, shall be paid out to the persons en- 
titled thereto, and the state auditor is hereby directed to draw his 
warrant on the funds in the hands of the state treasoirer belonging 



' . STATE OF NORTH DAKOTA. 123: 

to said deaf and dumb asylum upon the written order of the said- 
board of trustees, which order shall be accompanied by itemized 
vouchers for the full amount of such order; provided, no such, 
order shall he issued until there is cash in the treasury with 
which to pay the same. 

Sec. 966e. NO COMPENSATION.— The trustees shall receive- 
no compensation for performing the duties herein prescribed. 

Aeticle 6. — Blind Asylum. 

Sec. 967. LOCATION AND GOVERNMENT.— There is here- 
by established and located at Bathgate in Pembina county, a 
blind asjium, which shall be known by the name of the North 
Dakota Blind Asylum. The government and management of 
said asylum is hereiby vested in a board of trustees consisting of 
five members, which shall be styled the Board of Trustees of the 
North Dakota Blind Asylum. 

Sec. 968. TRUSTEES, HOW APPOINTED. LENGTH OF 
TERM. — The members of the board shall be nominated by the 
governor, and, by and with the advice and consent of the senate, 
shall be appointed on or before the third Monday of February of 
each biennial session of the legislative assembly, for a period of 
four years from said date; provided, however, that the first board 
of trustees shall be appointed by the governor at once upon the 
taking eifect of this article; provided, further, that the terms of 
the first board shall be, three members for the period of four 
3'eaps, and two members for the period of two years, the length 
of the term of the respective trustees to be designated by the 
governor in making the appointments, Such appointments shall 
be made by and with the advice and consent of the senate, when 
the legislative assembly is in session ; otherwise, the trustees ap- 
pointed shall qualify and hold office until their successors are 
appointed and qualified. The governor shall have power to fill 
all vacancies which may occur in said board when the legislative 
assem'bly is not in session, and the members of said board shall 
hold their office until their successors are appointed and qualified 
as provided herein. 

Sec. 969. ORGANIZATION OF BOARD. QUORUM.— The 
governor shall cause to be issued to each of said trustees a com- 
mission, which shall be under the great seal of the state. At 
the first meeting of said board the members thereof shall take 
and subscribe the oath of office required of all civil officers and 
shall then proceed to elect a president, secretary and treasurer, 
but the treasurer need not be a member of the board. A major- 
ity of the trustees shall constitute a quorum for the transaction 



124 GENERAL SCHOOL LAWS, 



of business. The board shall require a bond of its treasurer and 
fix the amount thereof. 

Sec. 970. MEETINGS OF BOARD. COMPENSATION.— The 
board shall hold its meetingis at Bathgate and fix the time of 
holding the same; provided, there shall not be to exceed twelve 
regular meetings in each year. The memibers of the board shall 
receive as coonpensation for their services three dollars per day 
for each day employed, not to exceed twenty-four days in any 
one year, and five cents per mile for each mile actually and neces- 
sarily traveled in attending the meetings oif the board, which sum 
shall be paid out of the state treasury on the vouchers of said 
board; provided, that until such time as the legislative asisembly 
shall make an appropriation for the construction and mainte- 
nance of such asylum, or until there shall be derived from the 
interest on the proceeds of sales of or rents derived from the 
thirty thousand acres appropriated for this asylum, sufficient 
funds to conistruct and maintain such asylum, the sum of five 
thousand dollars, the trustees appointed under this article shall 
receive no compensation whatever, nor shall they issue their war- 
rant upon the state treasury for any 'purpose whatever. 

Sec. 971. PROCEEDS FROM LAND ORANT.— The thirty 
thousand acres of land donated by congress for the purpose of 
such blind asylum and appropriated by the constitution of this 
state therefor, and all moneys received from the interest and 
income derived from the sales of such lands or rents derived from 
the leasing of such lands, are hereby appropriated for the con- 
struction and maintenance of siaid asylum. 

Sec. 972. BY-LAWS AND RULES OF REGLXATION.— The 
board shall direct the disposition of all moneys appropriated by 
the legislative assembly or the interest on all moneys that may 
be derived from the sale, or the rent derived from the leasing of 
land donated by congress to this state and by the constitution of 
the state appropriated for such asylum, and shall have super- 
vision and charge of the construction of all buildings provided 
for or authorized by law for said asylum. Said board shall have 
power to enact by-laws and rules for the regulation of all its con- 
cerns not inconsistent with the laws of this state, to see that its 
affairs are conducted in accordance with the requirements of law; 
to provide employment and instruction for the inmates; to ap- 
point a superintendent, a steward, a matron, a teacher or teach- 
ers, and such other officers ais in its judgement the wants of the 
institution may require, and prescribe their duties ; to exercise a 
general supervision over the institution, its officers and inmates, 
fix the salaries to be paid to the officers and to order their re- 
moval, upon good cause. 



STATE OF NORTH DAKOTA. 125, 

Sec. 973. EEPORTS, WHEN MADE.— The board shall make 
a report to the governor on or before the last Monday in Decem- 
ber next preceding each biennial session of the legislative assem- 
bly containing a financial statement showing the condition of all 
funds approipriajted for the asylum; also the money expended 
and the purpose for which the same was expended in detail ; also- 
showing the condition of the Institution generally. 

Sec. 973a. INSTRUCTION OF BLIND CHILDREN.— Until 
otherwise provided the governor is hereby authorized to contract 
with the state of South Dakota, or with the state of Minnesota, 
for the care and instruction of blind children of school age, and 
shall authorize the state auditor to issue warrants upon the state 
treasury for that purpose. 

Aeticle 7. — Industrial School. 

Sec. 974. LOCATION OF SCHOOL.— The industrial school as-- 
estalbli'shed and located at the city of Ellendale, Dickey county, 
North Dakota, shall continue to be an industrial school and a 
school for manual training, the object of such industrial school 
to ibe instruction in the comprehensive way in wood and iron 
work and the various other branches of manual training, cooking, 
sewing, modeling, art work and the various other branches of 
domestic economy as a co-ordinate branch of education together 
with mathematics, drawing and other necessary common school 
studies. 

Sec. 975. ENDOWMENT.— All proceeds accumulating in the 
interest and income fund arising from the sale or leasing of all: 
lands granted or hereafter to be granted by the state of North 
Dakota or iby the constitution of the state oif North Dakota for 
the isaid industrial school, are hereby pledged for the establish- 
ment and maintenance of said industrial schoiol. 

Sec. 976. MANACEMENT.— The management and govern- 
ment of such school shall be vested in a 'board of trustees, con- 
sisting of five memibers, two of whom shall be residents of Dickey 
county, to ibe known as the boiard of trustees of the industrial 
school, and to be appointed as provided in this secition. The 
members of the board shall be noiminated by the governor and by 
and with the consent of the senate, shall toe appointed on or be- 
fore the third Monday in February of each biennial session of the 
legiislative assemibly, for a period of four years from said date; 
provided, however, that the first board of trustees shall be ap- 
pointed by the governor at once upon the taking effect of this 
article, and provided, further, that the term of the first board 
shall ibe, three members for a period of four years and two mem- 



126 GENERAL SCHOOL LAWS, 

beps for a period of two years, the length of the term of the 
respective trus-tees to ibe designated by the governor in making 
the appointments. Such appointments shall be made by and 
with the consent of the senate, when the legislative assembly is 
in session, otherwise the trustees appointed shall qualify and hold 
offlce until their successors are appointed and qualifiecl. The 
governor shall have power to fill all vacancies which may occur 
in said board when the legislative asisemJbly is not in session, 
and the members of said board shall hold their office until their 
successors are appointed and qualified as provided herein. 

Sec. 977. MEETINGS OF BOARD. OOMPEIsTSATION.— The 
board ishall hold its meetings at the city of Ellendale, in Dickey 
county, and fix the time for holding the same. They shall not 
'hold tO' exceed six regular meetings each year ; provided, that the 
president of the board shall have power to call special meetings, 
whenever in his judgment it becomes necessary. At their first 
meeting they shall proceed to elect a president and a secretary, 
but the secretary need not be a me^miber of the board of trustees, 
and at said meeting they shall adopt a seal for said state indus- 
trial school. A majority of the board shall be a quorum. Each 
trustee and the secretary shall receive three dollars per day for 
each day necessarily employed in attendance upon sessions of the 
board, and five cents per mile for each mile necessarily traveled, 
to be paid on presentation of proper vouchers containing an item- 
ized statement of the number of days in attendance and miles ac- 
tually traveled as above provided, duly verified by his oath and 
approved by the president and secretary of the board, and the 
state auditor shall audit such claims. and draw his warrants upon 
the state treasurer for the amounts so allowed. 

Sec. 978. OATH. BOJs^D. PLANS AND SPECIFICA- 
TIONS. — Before entei'ing upon the duties of his office each mem- 
ber of said iboard of trustees shall take and subscribe an oath as 
follows: "I do solemnly swear that I will support the constitu- 
tion of the United States and the constitution of the state of 
North Dakota and will faithfully discharge the duties of board of 
trustees of the state industrial school according to the best of my 
ability; that I have not received and will not knowdngly and in- 
tentionally, directly or indirectly, receive any money or other con- 
sideration from any source whatever for any vote or infiuence I 
may give or withhold or for any other official act I may perform 
ais such trustee, except as herein provided." He shall also exe- 
cute a bond in the penal sum of three thousand dollars, for the 
use and benefit of the state of North Dakota, with two or more 
good and sufficient sureties to be approved by the governor, and 
be filed with the secretary of state, conditioned upon the faithful 
■performance of his duties and the honest and faithful disburse- 



STATE OF NORTH DAKOTA. 127 

ment of and A.ccounting for all moneys which may come into his 
hands undei' the provisions of this article. The members of 
said board having taken the foregoing oath and executed* the 
bond as aforesaid are hereby empowered and required to cause 
to be prepared suitable plans and specifications by a competent 
architect. Such plans shall contemplate the erection o'f a build- 
ing or buildingr which will accommodate not less than one hun- 
dred nor more than five hundred students, and shall 'be accompan- 
ied iby specifications and by a detailed estimate of the amount 
required and desoription of all material and labor required for 
the erection and full co^mpletion of the building or buildings; and 
no plan shall ibe adopted that contemplates the expenditure of 
more money for its completion than the amount reasonably neces- 
sary to carry out the oibject of said institution. 

iJSec. 979. SUPERINTENDENT OF OONSTRUOTION. PRO- 
POSALS FOR BUILDING.— The said board of trustees shall em- 
ploy the architect whose plans and specifications are accepted to 
act as superintendent of construction, who shall receive for such 
plans and specifications and for superintending construction such 
pay as the 'board by agreement shall determine; which pay 
shall not exceed an amount equal to five per cent of the estimated 
cost Oif said building. Whenever the said plans and specifica- 
tions shall have been approved and adopted by a majority of the 
board of trustees they shall cause to be inserted in at least two 
of the daily newspapers piublished in the state of North Dakota, 
and having a general circulation therein an advertisement for 
sealed bids for the construction of the buildings herein author- 
ized, and they shall furnish a printed copy of this article, and a 
coipy of the plans and ispeciflcations to any person or person® 
applydng therefor; provided, isaid trustees may advertise as afore- 
said whenever there shall be a sufficient amount of money to the 
credit of said industrial school with which to construct -all ov 
any part thereof deemed expedient by said trustees to erect or 
construct; provided, further, that said building or buildings shall 
be erected on the piece or parcel of land at or near the city of 
Ellendale, in Dickey county, donated by the citizens of said city, 
and now held in fee simple by the state of North Dakota. No 
trustees or officers of said industrial school shall be in any way 
interested in any contract for the erection of said building or 
buildings or furnishing any material for said buildings, and if any 
such officer be so interested he shall be deemed guilty of a misde- 
meanor and on conviction be fined in any sum not exceeding five 
thoiusand dollars. 

Sec. 980. BONDS. INTEREST.— To provide for the erection 
and maintenance of said state industrial school the said board 
of trustees may issue bonds for such sum or sums of money as 



128 GENERAL SCHOOL LAWS, 

can be actually used in the construction of permanent buildings 
and other needed and necesisarj' improvements to be made for the 
maintenance of said state industrial school not exceeding the sum 
of fifteen thousand dollars; said bonds shall be in denominaitions 
of one thousand dollars each, and be made payable to the pur- 
chaser or (bearer, be payable in not less than ten years or more 
than thirty years from the date of their issue and bear interest at 
a rate not exceeding five per cent per annum, payable semi-annu- 
all'y on the first of January and July of each year, with coupons 
attached for each interest payment, and they may be made pay- 
able anywhere in the United States. Such bonds shall be exe- 
cuted under the seal of the board ot trustees of the state indus- 
trial school, shall be attested by the president and secretary of 
said board, and when executed shall ibe delivered to the state 
treasurer. The treasurer shall receive sealed proposals for the 
purchase of the same and shall give public notice of the sale for 
at leaist thirty days preceding such sale in two or more news- 
papers of general circulation, one of which shall be published in 
the city of New York, giving date of snch sale, and such bonds 
shall be sold to the highest bidder for caish. Said bonds and inter- 
est shall be paid from the interest and income fund belonging to 
the state industrial school, to be accumulated from the sale of 
lands hereinbefore appropriated, or from the rental of such lands ; 
provided, that if at any time there shall not be sufficient money in 
such fund to pay such interest, there is hereby appropriated out 
of the state treasury fromi funds not otherwise appropriated, a 
sum sufficient to meet the deficiency for the payment of such 
interest; provided, further, that a sufficient aimount of the funds 
accumiulating in the interest and income fund of the state indus- 
trial school shall be used and applied solely for the payment of 
the interest on such bonds, and for the creation of a sinking fund 
with which to pay such bonds at maturity. 

Sec. 981. TREASURER TO KEEP FUNDS. AOCOUNTS, 
HOW AUDITED. — All moneys that may accrue from the interest 
and income derived from the renting and sale of lands herein- 
before appropriated and all moneys that may hereafter be appro- 
priated by the legislative assemlbly of North Dakota including all 
moneys raised in any other manner for said school, shall be de- 
posited with the state treasurer, to be by him kept in a separate 
fund, w^hich shall be known as the state industrial school fund; 
and such funds shall be used exclusively for the benefit of said 
school, as may be herein or hereinafter provided. The board of 
trustees of the state industrial school shall audit all accounts 
against the funds appropriated by the legislative assembly of 
the state of North Dakota, or held by the state for the use of 
the state industrial school, and the state auditor shall issue his 



STATE OF NORTH DAKOTA. 129 



warrant upon the state treasurer for the amount of all accounts 
which have been so audited and allowed by the board of trustees 
and attested by the president and secretary' of said board. The 
board of trustees of the state industrial school shall direct the 
disposition of all mone^ys appropriated, or that may hereafter be 
approipriated by the legislative assembly of the s'tate of North 
Dakota, or may hereafter accumulate in any manner in the state 
industrial school fund. The board shall have the power to 
receive all donations, gifts and bequests that may be offered or 
tendered to or for the ibenefit of isuch school, and dispose of the 
same. All moneys coming into the hands of such iboard shall be 
immediately covered into the state treasury to the credit of the 
state industrial school fund. 

(See. 982. FACULTY. — The board of trustees shall have power 
to employ a president and necessary teachers, instructors and 
assistants to conduct such school, and to prescribe their respect- 
ive duties and to fix the salaries of saich employees. They shall 
have power to remove the president, instructors and assistants 
-and to fill all vacancies. The faculty shall consist of the presi- 
dent, teachers and instructors, and it shall pass all needful rules 
and regulations for the government and discipline of the school 
and all such rules and regulations as are necessary for the pres- 
ervation of morals, decorum and health. 

Sec, 983, iREPORTS.— The faculty shall make an annual re^:)ort 
to the board of trustees on or before the first Monday of Novem- 
ber of each year, showing the condition of the school and contain- 
ing such recommendations as the welfare of the institution shall 
demand. The board of trustees shall make a report to the gov- 
ernor on oir before the fifteenth day of November next preceding 
each biennial 'session of the legislative assemWy, containing the 
several reports of the faculty herein provided for, and showing 
the condition of the funds appropriated for the schotol, the money 
expended and the purpo^se for which the same was expended in 
detail, and showing the number of students in attendance, the 
work accomplished by them, and the condition of the school in 
general, 

STATE EEFOEM SCHOOL. 
(Chapter 173 Laws 1901.) 

Section 1, STATE REFORM SCHOOL, ERECTION OF 
BUILDINGrS, — To provide for the erection of necessary 
'buildings, their proper equipment, and for the establishment 
of the state reform school at Mandan, North Dakota, the 
board of trustees of the said state reform school ma y issue 
ibonds for such sum or sums of money as can be actually used 



130 GENERAL SCHOOL LAWS, 

in the construction of permanent buildings and necessary 
furnishing- and other necessary improvements, to be made for 
the establishment and maintenance of said state reform 
school, not exceeding the sum of $20,000 ; said bonds shall be 
in denominations of |1,000 each, and shall bear interest at a 
rate not exceeding six per centum per annum, and shall be 
payable in twenty years from the date of issue, fro^m the 
interest and income fund accumulating froni the sale, rental, 
or lease of lands donated to the said state reform school by 
section 17 of the Enabling Act for the admission of North 
Dakota, South Dakota, Montana, and Washington, approved 
February 22, 1889, and confirmed by article XIX, section 215, 
of the constitution of North Dakota, or from the rental or 
lease of said lands. The interest on such bonds shall be paid 
annually on the first day of January of each year, and shall 
be payable from the interest and income accumulating from 
the sale,, rental or lease of lands apportioned to the institu- 
tions ; provided, if at any time there shall not be suffi- 
cient money to pay such interest, there is hereby appropriated 
out of the state treasury, out of funds not otherwise appro- 
priated, a sum suflficient to meet such interest; provided, 
further, that a sufficient amount O'f funds accumulating in 
the interest and income fund for sale or rental of land or 
lands appropriated to the state reform school, shall be used 
and applied solely for the payment of interest on such bonds 
and for the creation of a sinking fund with which to pay such 
bonds at maturity. 

Sec. 2. MONEYS. TO BE DEPOSITED WITH STATE 
TREASURER. — All moneys that may arise or be derived 
ifrom the sale, rental or lease of lands appropriated to the 
state reiform school shall be deposited with the state treas- 
urer, to be used exclusively for the benefit of said state re- 
form school. 

MAINTENANCE OF STATE EDUCATIONAL INSTITUTIONS. 
(Chapter 156, Laws of 1901.) 

Section 1. STATE SCHOOLS. TO PROVIDE FOR 
MAINTENANCE OF.— For the purpose of providing for the 
maintenance of the state university and school of mines at 
Grand Forks, the agricultural college at Fargo, the state 
normal school at Valley City, the state normal school at May- 
ville and the deaf and dumb asylum at Devils Lake, and the 
school of forestry, as a part of the public school system of 
this state, there is hereby levied upon all taxable proprety 
in the state, real and personal, an annual tax of one mill on 



STATE OF NORTH DAKOTA. 131 



each dollar of the assessed valuation of such property in each 
and every year hereafter. 

Sec. 2. COUNTY AUDITOR SHALL CALCULATE 
AMOUNT OF LEVY.— The county auditor of each county 
shall, at the time of making the annual tax list in his county, 
calculate the amount of the levy hereinbefore provided for 
upon each and every item of property assessed in his county, 
as it appears upon the last assessment roll, and extend the 
same upon such tax list in a column to be provided for that 
purpose, and such tax shall thereupon be collected and paid 
over to the state treasurer the same as other state taxes. 

Sec. 3. TAXES. HOW ' APPORTIONED.— Such taxes 
so levied shall be apportioned by the state treasurer to the 
several institutions herein mentioned as follows. Forty- 
hundredths of a mill to the state university and school of 
mines at Grand Forks; twenty-hundredths of a mill to the 
agricultural college at Fargo; twelve-hundredths of a mill 
to the state normal school at Valley City; twelve- hun- 
dredths of a mill to the state normal school at Mayville; 
thirteen-hundredth s of a mill to the deaf and dumib asylum 
at Devils Lake; three-hundredths of a mill to the school of 
forestry at Bottineau. 

iSec. 4. MONEYSi. HOW APPROPRIATED.— The 
moneys arising from the taxes hereinbefore levied are hereby 
appropriated for the maintenance of the state university 
and school of mines at Grand Forks, the agricultural college 
at Rango, the state normal school at Valley City, the state 
normal school at at Mayville, the deaf and dumb asylum at 
Devils Lake, and the school of forestry at Bottineau, the 
same to be paid monthly to the board of trustees of the sev- 
eral institutions herein mentioned, and in proportion as 
herein provided, upon vouchers of said board, signed by 
their respective presidents, and to be expended by the sev- 
eral boards, in their discretion, in the establishment and 
maintenance of said institutions hereinbefore mentioned. 

IMPROVEMENTS FOR AGRICULTURAL COLLEGE, FARGO. 
(Chapter 127, Laws of 1901.) 

Section 1. NORTH DAKOTA AGRICULTLRAL COL- 
LEGE. ADDITIONAL BUILDINGS AND IMPROVE- 
MENTS. — To provide for the erection and equipment of 
necessary additional 'buildings, for a system of sewerage and 
for other necessary imiprovements for the North Dakota ag- 
ricultural college at Fargo, the board of trustees of said ag- 



132 GENERAL SCHOOL LAWS, 

ricultural college may issue bonds for such sum or sums of 
money as can actually be used in the construction and equip- 
ment of such necessary additional buildings, system of 
sewerage and other necessary improvements, not exceeding 
the sum of fifty thousand dollars; said bonds shall be in de- 
nominations of one thousand dollars each, shall bear inter- 
est at a rate not exceeding five per cent per annum, and shall 
be payable in twenty years from the date of issue, from the 
interest and income fund accumulating from the sale, rental 
or lease of lands granted to the said North Dakota agricultu- 
ral college. The interest on such bonds shall be payable an- 
nually on the first day of January of each year, and shall be 
payable from the interest and income accumulating from the 
sale, rental or lease of said lands; provided, that if at any 
time there shall not be sufficient money to pay such interest, 
there is hereby appropriated out of the state treasury, out 
lof funds not otherwise approipriated, a sum sufficient to meet 
such interest; provided, further, that a sufficient amount of 
funds accumiulating in the interest and income fund from 
sale or rental of land or lands granted to the North Dakota 
lagricultural college shall be used and applied solely for the 
payment of interest on such bonds and for the creation of a 
sinking fund with which to pay such bonds on maturity. 

Sec. 2. BONDS, HOW EXECUTED. NOTICE OF 
SALE. — ^Such bonds shall be executed under the seal of the 
board of trustees of the said North Dakota agricultural 
college, shall be attested by the president and secretary of 
said board of trustees and when executed the said board of 
trustees shall receive sealed proposals for the purchase of 
the same and shall give public notice oi such sale for at 
least thirty days preceding such sale in two or more news- 
papers in general eiroulation, giving date of such sale, and 
such bonds shall be sold to the highest bidder for cash and 
the proceeds thereof delivered to the treasurer of the North 
Dakota agricultural college to be used exclusively in pursu- 
ance of the provisions of this act. 

Sec. 3. MONEYS. TO BE DEPOSITED WITH STATE 
TREASUREE. — All moneys that may arise or be derived 
from the sale, rental or lease of said lands granted to the 
North Dakota agricultural college shall be deposited with 
the state treasurer, to be used in pursuance with the provis- 
ions of this act for the benefit of the North Dakota agri 
! cultural college. 



STATE OF NORTH DAKOTA. 133 

STATE UNIVEESITY. 

(Chapter 38, Laws of 1901.) 

Section 1. BONDS. STATE UNIVERSITY TO IS- 
SUE. — To provide for the necessary repairs of buildings of 
the state university and to pay the outstanding floating 
indebtedness of said institution, the board of trustees of 
said state university may, if the majority of said board so 
decide, issue bonds in the sum not exceeding fifty thousand 
dollars ($50,000). 

Sec. 2. BONDS. DENOMINATION OF.— Said bonds 
shall be issued in denominations of one thousand dollars 
($1,000) each ; they shall be signed by the president of the 
board of trustees and attested by the secretary of said board 
under the seal of the institution, and shall be payable twenty 
years from date of issue. 

Sec. 3. BONDS. INTEREST ON.— Said bonds shall 
bear interest at the rate of four per cent (4 per cent) per 
annum, which interest shall be payable on the first day of 
January each year at the office of the state treasurer. The 
principal and interest of said bonds shall be payable out of 
the interest on the funds accumulated from sale of lands 
and income of the lands donated and apportioned to said 
state university and the school of mines. In the event that 
income from said lands and interest on such funds in any 
one year shall be insufficient to pay the interest due upon 
said bonds for such year, the balance of such interest shall 
be paid out of the annual appropriation for said state uni- 
versity for such year. 



chapte:r 4.— public boards. 

Article 2.— Board of University and School Lands. 

Sec. 169. BOARD, HOW CONSTITUTED.— The governor, sec- 
retary Qif sita/te, state auditor, attorney general and superiu/tendent 
Oif public inistruction shall constitute the board ot university and 
school lands. The governor shall be president; the secretary of 
state, vice president and the superintendent of public instruction 
secretary thereof. In the absence of the superintendent of pub- 
lic instruction at any meeting of the board the deputy .superin- 
tendent of public instruction shall act as secretary, but shall not 
be entitled to a vote. Such board, when acting as such, must act 



134 GENERAL SCHOOL LAWS, 



pepsonally; no member oan be represented on such board by any 
assistanit or clerk. 

Sec. 170. BOARD, POWERS OF.— Subject to the provisions 
of article 9 of the eonstiitution and the provisions of this article, 
such board shall have the full control of the selecting, appraise- 
ment, rental, sale, dispoisal and management of all school and 
public lands of the state, including the real property donated to 
the territory of Dakota under the provisions of chaipter 104 of the 
laws oif 1883, except such as has been sold, and the investment of 
the permanent funds derived from the sale thereof, or from any 
other source, and shall have power to appoint a competent person 
to act as the general agent of the board in the performance of all 
its duties pertaining to the selection, sale, leasing or contracting 
in an,y manner allorwed by law, and the general control and man- 
agement of all matters relating to the care and disposition of the 
public lands of the state, all of whose official acts shall be subject 
to the approval and supervision of the iboard. The title of such 
agent shall be commissioner of university and school lands, and 
before entering upon his duties as such he shall take the oath 
prescribed for civil officers and give a bond in the penal sum of 
ten thousand dollars, with not less than two sureties; to be ap- 
proved by the board, and recorded in the office of the secretary of 
state and filed, when recorded, in the office of the state treasurer. 

iSec. 171. MEETINGS OF BOARD.-^Such board shall meet at 
the office of the commissioner on the last Thurisday of each month, 
at ten o'clock in the forenoon. Special meetings of the board 
may be held at any time at the written call of the president or 
any two memibers of the board. Any three members of the 
board shall constitute a quorum. 

Sec. 172. BOARD TO INVEST SCHOOL FUNDS.— Such 
board shall have the power and it is made its duty from time to 
time to invest any money belonging to the permanent funds of 
the common schools, university, school of mines, reform school, 
agricultural college, and deaf and dumb asylum, nonnal schools. 
and all other permanent funds derived from the sale of public 
lands or from any other source, in bonds of school corporations 
within the state, bonds of the United States, bonds of the state 
of North Dakota, or in first mortgages on farm lands in the state 
not exceeding in amount one-third of the actual value of any sulb- 
division on which the same may be loaned. Such value to be 
determined by the county board of appraisal of the respective 
counties as provided for in section 183; provided, that at least 
one-ifourth of the whole amount of the several permanent funds 
aforesaid as computed by the commissioner of university and 
school lands at the end of each fiscal year shall be set apart for 



STATE OF NORTH DAKOTA. 135 

investment in first mortga.ges on farm lands in this state, and 
only in the manner following, towit: 

1. iThat the said first mortgages and each of them, shall run 
for a period of time and not to exceed ten years and that the 
funds so invested shall bear interest at the rate of six per cent 
per annum, said interest toigether with ten per cent of the whole 
amoiunt of the principal to be paid in annual installments and the 
interest when paid shall be covered into and become a part of the 
interest and income fund. 

2. First mortgage loans shall only be made upon cultivated 
lands within the state and to persons who are actual residents 
thereof. And in no cases on lands of which the appraised value 
is less than seven dollars and fifty cents per cent, and in sums not 
more than one thousand dollars to any one person, firm or corpo- 
ration. 

3. All or any of said mortgages may be satisfied at auy time 
after five years from the date when made on payment of the full 
amount due thereon. All proceedings in regard to investments 
in first; mortgages as provided in this chapter, shall conform to 
and be governed by the laws of the state of North Dakota in such 
case made and provided. Said board of university and school 
lands shall not purchase or approve the purchase of any bonds 
or mortgages except at a legal session thereof, nor unless every 
member of the board is notified by the secretary of said board in 
time to be present at such meeting, and notified also that the 
question of purchasing or acting on a proposition for the pur- 
chase of certain bonds or mortgages is to be considered at the 
meeting, nor unless a majority of all the members vote in favor 
of such purchase, and the vote on the purchase of every bond and 
mortgage shall be taken by the yeas and nays and shall be duly 
recorded in the books of the board. 

Sec. 173. (Amended.) RECOEDS TO BE KEPT BY SECRE- 
TARY. — The seoretars^ shall enter in a suitable ibook kept for 
that purpose a full and correct record of all the proceedings of 
said board at each session thereof, which record when approved 
shall be signed by the president or presiding officer of the meet- 
ing and the secretary. 

Sec. 174. TREASX^RER CUSTODIAN OF FUNDS.— All 
moneys belonging to the permanent funds of the common school 
and other public institutions derived from the sale of any of the 
public lands or from any other source shall be paid to and held 
"by the state treasurer, and be subject to the order of such boardj 
and shall be paid over to order of the board for investment as pro- 
vided in section 172 of this article, whenever the board requires 



136 GBNEiRAL SCHOOL LAWS, 

the same for such investment. The state treasurer shall also be- 
the custodian of all bonds, notes, mortgages and evidences of 
debt arising out of the management of the permanent funds 
derived from the sale of any of the pulblic lands of the state or 
froim any other source. 

Sec. 175. (Amended.) INVESTMENTS. HOW UNPAID 
MONEYS TO BE COLLECTED.— It shall be the duty of the state 
treasurer, from time to time as the same become due, to collect 
all moneys due and owing on any and all of the securities held 
'by him for investment or for permanent funds, and from time i:o 
time, whenever required by the board, to make report of the 
amount oi such collections to the 'board and a duplicate of ihe 
same to the state auditor. If any such moneys shall remain un- 
paid for thirt}^ daj's after the same shall become due and payaible, 
he shall make report in detail of all such unpaid amounts to the 
board who shall place the matter in the hands of the attorney 
general for collection whenever they shall deem it for the best 
interests of the state so to do, whose duty it shall be to proceed 
to collect the same hj civil action, to be brought and prosecuted 
in the name of the state; prowded, that mortgage loans made 
under the provisions of this chapter may ibe foreclosed either by 
action or advertisement, in the same manner and upon the same- 
notice ais required in other real estate foreclosures. AVhen fore- 
cloisure is made by action said action shall be brought and prose- 
cuted in the naime of the state; provided, further, that the board 
of university and school lands ma,y, and it is hereby authorized 
and empoiwered to assign any or all of said mortgages, whenever 
in the judgment of said board it will be for the best interests of 
the state so to do; provided, however, that said board shall not 
accept as a consideration for said assignment any amount less- 
than the principal and interest due upon said mortgage or mort- 
gages. Such assignments when made shall be executed by the 
governor and attested hy the secretary of state with the great 
seal of the state of North Dakota attached. 

Sec. 176. MANNEK OF INVESTING PEEMANENT FUNDS. 

— In the investment of the permanent funds under its c>ntroI 
such board shall authorize the state auditor to draw his vai\-ant 
on the state treasurer, payable out of the proper fund, for the 
purchase of the bonds or mortgages, which warrant, previous to 
delivery, shall be registered toy the state treasurer in a book pro- 
vided for that purpose. 

Sec. 177. INCIDENTAL EXPENSES OF BOARD, HOW 
PAID. — The necessary incidental expenses of the board shall be 
paid out of the state treasury, and upon satisfactory vouchers' 
therefor the state auditor shall issue his warrant for the same. 



STATE OF NORTH DAKOTA. 137 

Sec. 178. APPROPRIATION FOR INTEREST.— There is here- 
by annually appropriated such sums as shall be found necessary 
for (the expenses of purchase, and payment of accrued interest at 
the time of the purchase, of investment bonds or mortgages for 
the permanent funds under the control of said board, payable 
from the respectiYe fund for which said purchase is made. 

Sec. 179. TERM OF OFFICE OF COMMISSIONER.— The first 
term of office of the coimmissioner provided 'for in this article shall 
be for three years from the date of his appointment and until his 
successor is appointed and qualified, and after the expiration of 
the first term, all succeeding terms shall be two years, and until 
his successor is appointed and qualified, subject to removal by 
the board. In case of vacancy by death, removal, resignation or 
any other cause, the board shall till the same by appointment. 

iSec. 180. SALARY OF COMMISSIONER.— The commissioner 
shall receive an annual salary of one thoaisand five hundred 
dollars. 

Sec. 181. DEPUTY COMMISSIONER.— By and with the con- 
sent of the board, the comimissioner may appoint a chief clerk, 
who before entering upon any of the duties devolving upon him 
'by isaid appointment shall take and subscribe the oath of office 
required by law and shall execute to the state a bond with one 
or more sureties in the penal sum of five thousand dollars con- 
ditioned for the faithful discharge of his duties. 

Sec. 182. (Amended) DUTIES OP COMMISSIONER.— The 
comimissioner, under such directions as may be given by the 
board of university and school lands, shall have general charge 
and supervision of all lands belonging to the state, of all lands in 
w^hich the state has an interest or which are held in trust by the 
state. He shall have the custody of all maps, books and papers 
relating to any of the public lands mentioned in this article. He 
shall procure the proper books, maps and plats in which to keep 
a complete record of all lands owned or held in trust by the state 
for schools, public buildings and for all other purposes, and shall 
keep true records of all the sales, leases, permits, patents, deeds 
and other conveyances of such lands made by the state, amount 
of money paid, date of sale and payment, description of land sold 
or leased, number of acres thereof, name of purchaser and desig- 
nation of the fund that should be credited therewith. He shall 
direct all appraisements, sales, leases ; shall execute all contracts 
of sale, leases, permits or other evidences of disposal of the lands, 
subject to approval by the board. Upon all contracts, leases 
or permits issued by the commissioner he shall certify the book 
and page where the same is recorded. He shall have an official 



138 GENERAL SCHOOL LAWS, 

seal with a proper device thereon; and the seal of the commis- 
sioner affixed to any contract of purchase, receipts or other in- 
strmments issued by him, duly countersigned hy him as approved 
iby the board, according to the provisions of this article, is prima 
facie evidence of the due execution of such contract or other 
paper. He shall biennially report to the legislative assemibly 
through the board his work during the preceding term, showing 
the quantity of lands sold or leased, and the amount received 
therefor, the amount of interest moneys received to the credit 
of the several funds, expense of administration of his department, 
and all such other matters relating to his office as shall be 
necessary. It shall also be the duty of the land commiissioner 
to receive and present to the board of universitj^ and school land's 
all offers for sale of bonds. He shall also prepare all bonds in 
connection with the investment of the permanent school fund. 
He shall keep such books as may be necessary to register and 
describe all bonds and mortgages purchased or taken by the 
board of university and school lands for the benefit of any of the 
permanent funds under its control. Such books shall be ruled 
«o as to permit the registry of the name and residence of the 
person offering to sell any such bonds or mortgages, the district 
for which such offer is made, a description of the property cov- 
ered by the mortgage, and a full and detailed description of every 
bond, whether United States, state or school district, and the 
date, number, series, amount and rate of interest of each boiud. 
and when the interest and principal, respectively, are payable; 
and such record shall be made of every such bond and mortgage 
before the board shall act upon the question of purchasing the 
same. He shall also keep in suitable books a record showing a 
detailed quarterly statement of the condition of all the perma- 
nent funds under control of said board, the amount of each fund, 
how invested, when due, interest paid and any other act in any 
manner connected with the management of said funds, and shall 
biennially report all such investments to the governor to be laid 
before the legislative assembly. All such records and record 
books shall at all times be open for inspection by the public. 

Sec. 183. COUNTY BOARD OF APPRAISAL, DUTIES OF.— 
The county superintendent of schools, the chairman of the board 
of county commissioners and the count}' auditor of each county 
shall constitute the "County Board of Appraisers" of the public 
lands of the state in and for their county. The county board of 
appraisal in each county shall upon the request of the board of 
university and school lands, designate on or before such date as 
it may specify, the public lands of the state in their county, that 
In its judgment can be sold for ten dollars an acre or upwards on 
the terms prescribed in this article, designating the tracts seija- 



STATE OF NORTH DAKOTA. 139 

rately and g-iying an approximate estimate ol their selling value. 
Thereupon the commissioner shall, if so ordered by the board of 
university and school lands, prepare a list and order an appraisal 
of snch lands as shall be designated in such list, and it is made 
the duty of such board of appraisers within ten days after the 
receipt of such list to examine such lands and appraise them at 
their cash value, as nearly as can be determined, describing each 
tract or subdivision in parcels not greater than one hundred and 
sixty acres, more or less, according to the government survey, 
and in smaller suibdivisions thereof if so listed by the commis- 
sioners, and set opipoisite each described tract or parcel of land 
the apipraised value per acre thereof; and when such appraisal is 
comipleted, which shall not be later than thirty days after the re- 
ceipt of the order directing it, the county board of appraisers, or 
the members of the same v>^ho made such appraisement, shall cer- 
tify to its correctness, and make duplicate copies thereof, one of 
which shall be forwarded immediately to the board of university 
and school lands, and the other filed in the office of the county 
auditor for reference. And in addition to the appraisal of such 
lands the county board of appraisal shall furnish such other in- 
formation regarding the lands as may be required by the commis^ 
sioner in the manner and form prescribed by him. The report 
of such appraisal shall be verified by each of such appraisers and 
shall disclose any interest, real or contingent, that any of such 
appraisers has in any of the lands or improvements so appraised. 
Any appraiser who willfully makes any false statement in such 
report, relative to such interest in any of the lands so appraised, 
or improvements thereoai, shall be deemed guilty of a misde- 
meanor. For all services performed under the requirements of 
this article the appraisers shall be paid at the rate of three dol- 
lars per day and actual traveling expenses, uipon vonchers ap- 
proved by the secretary of the board of university and school 
lands to be paid by the state treasurer upon warrants issued by 
the state auditor. 

Sec. 184. SELECTING AXD CERTIFYING LANDS FOR 
SALE. — The commissioner shall from the list of lands so ap- 
praised and reported by the county board of appraisers select all 
such tracts as have been appraised at ten dollars per acre and up- 
wards and lupon approval of such selections by the board of uni- 
versity and school lands shall make and certify to the county 
auditors the list of lands in their respective counties that are 
offered for sale, and when transmitting such list shall designate 
the day and hour for the sale thereof; provided, that such sales 
shall take place only between the hours of ten o'clock A. M. and 
five o'clock P. M. and to be continued from day to day until all 
the lands advertised "^or sale shall have been sold or offered for 



140 GENERAL SCHOOL LAWS, 



sale, except that adjournments may be made for any intervening 
Sunday or legal holiday. 

Sec. 185. NOTICE OF SALE TO BE PUBLISHED.— The 
county auditor shall immediately, on receipt of the list of lands 
mentioned in the preceding section, cause to be published in a. 
paper designated by the county board of appraisers, as pre- 
scribed by section 158 of the constitution, a notice of such sale, 
with the list of lands properly described, that are to he offered 
for sale, together with the appraised value thereof and the terms 
and conditions of sale. The board of university and school lands 
shall also publish notices of all sales for the same length of time 
in one newspaper published at the seat of goivernment. 

Sec. 186. MANNER OF SALE.— On the day and hour ap- 
pointed for such sale the commisisioner, except as hereinafter 
provided, shall proceed to sell or offer for sale at public auction 
to the highest bidder, at the court house or at the place where the 
terms of the district court are held, of the county where the lands 
are situated, the lands so advertised, offering them for sale and 
selling in the order in which they occur in the advertisement for 
sale. Such lands as have not been specially subdivided shall 
he offered in tracts of one-quarter section, according to the sub- 
divisions thereof 'by the United States survey, and tho^se so' sub- 
divided in the smallest divisions thereof. No tract shall be sold 
for le&s than its appraised value, and in no case for less tlian ten 
dollars an acre. Whenever the commissioner cannot attend the 
sale in person such sale may be made by the deputy land commis- 
sioner or any other person designated and authorized by the 
'board of university and school lands. 

Sec. 187. TERMS OF SALE.— Each tract of land shall be sold 
upon the following terms: The purchaser shall pay one-fifth of 
the price in cash at the time of sale, and the remaining four- 
fifths as follows: One-ififth in five years, one-fifth in ten years, 
one-fifth in fifteen years and one-fifth in twenty years, with inter- 
est at six per cent per annnum on all the unpaid principal, an- 
nually in advance. The highest bidder for any offered tract shall 
be declared the purchaser thereof, and shall immediately pay 
over to the county treasurer the amount of one-fifth of the pur- 
chase price as specified in the terms of sale. In case the pur- 
chaser fails to pay the amount so required to be paid at the time 
of such sale, such comimissioner or whoever may be conducting 
the sale, shall immediately re-offer such lands for sale, but no 
bids shall ^be received from the person so failing to pay as afore- 
said; and the person refusing or neglecting to make such pay- 
ment shall forfeit the sum of one hundred dollars for each tract 
so purchased 'by him. * 



STATE OF NORTH DAKOTA. 141 

Sec. 188. ADJOURNMENT OF SALE.— ^No adjoiirmaent of 
the sale can be made after its opening, except as provided in 
section 184 of this article, but, when the interest of the state 
will be suibseryed thereby, the board of nniversit}' and school 
lands may, at any time not less than two weeks preceding the 
dates fixed for opening such sale, make an order postponing the 
same to such date as may be fixed in such order, which shall not 
be more than sixty days, giving due notice of the same to the 
county auditor, who shall publish such notice of adjournment 
and the day fixed for the same, for two successive weeks in the 
same papers in which the notice of sale is puiblished; but the 
adjournment of any sale shall not require continued publication 
of the list of lands beyond the time specified in this article for 
siuch publication. 

Sec. 189. WITHDRAWAL OF LANDS FROM SALE.— The 
(board of university and school lands may, in its discretion, on or 
before the day of sale, withdraw any or all lands that may have 
been advertised for sale or included in any list to be offered in 
any county, and upon such withdrawal shall notify the auditor 
of such county, specifying the lands included in such notice of 
withdrawal, who shall thereupon strike such lands from the 
lists in his office, and public notice of withdrawal shall be given 
at the day of sale before any such lands are offered. 

Sec. 190. COUNTY AUDITOR TO ACT AS CLERK AT SALE. 
APPROVAL OF SALE.— The county auditor shall act as clerk 
of all land sales and leases made in his county, and it shall be 
hi^. duty within five days after such sale or lease shall have been 
concluded to certify to the board of university and school lands 
a list of lands sold or leased as provided in this article, with the 
price thereof and the name of the purchaser or lessee of such 
tract, the laimount for which the lands are sold or leased, the 
amount of 'money paid by such purchaser, and the amount of 
prinoiipal remaining unpaid, and the board of university and 
school lands shall approve and confirm the sale or lease of every 
such tract, as upon examination of such certified lists and such 
further information and investigation as shall be deemed neces- 
sary, shall be found to have been sold or leased in accordance 
with the law and without fraud or collusion. Fo^r the services 
imposed by this article the county auditor shall be allowed the 
sum of three dollars per day for each and every day so engaged, 
to ibe paid out of any appropriation for the expenses of appraisal 
and sale of public lands. 

See. 191. NOTICE TO PUROASER. EXECUTION OF CON- 
TRACT. — Immediately upon approval of the sales by the board of 
Tiniversity and school lands, the secretary of such board shall 



142 GENEiRAL SCHOOL LAWS, 

prepare and certify a list of said approved sales to the commis- 
sioner, wlio shall without delay execute duplicate contracts in 
the form prescribed by the board, and forward the same to the 
county auditor of the co'unty where the land was sold, where- 
upon it is made the duty o>f the county auditor to notify each 
purchaser in writing of the approval of the sale to him, and to 
appear within ten days after the date of such notice and pay the 
county treasurer the amount of interest on the deferred pay- 
ments ais specified in the contract and execute the contracts, of 
sale, and a failure so to appear and execute such contract shall 
act as a forfeiture of the payment made by the purchaser at the 
sale. When the contracts are properly executed by the pur- 
chaser and the amount of money due thereon shall have been 
paid to the county treasurer, the copy marked duplicate shall 
ibe delivered to him and the original returned to the land com- 
missioner, and each contract so returned fully executed shall 
have on its face in the place noted for such purpose the notation 
of the date of delivery to the purchaser, and all contracts not 
executed by the purchaesr shall be returned to the land commis- 
sioner with a written statement thereon of the reason for such 
return. 

Sec. 192. S'ALES, WHEN VOID.— Any sale made by mis- 
take, or not in accordance with law, or obtained by fraud, shall 
be void, and the contract of purchase issued thereon shall be of 
no effect; font the holder of such contract shall be required to 
surrender the same to the hoard of university and school lands, 
who shall, except in case of fraud on the part of the purchaser,, 
cause the money to be refunded to the holder thereof. 

Sec. 193. SURVEYS TO BE MADE WHEN NECESSARY.— 

Whenever it appears to the hoard of university and school lands 
necessary in order to ascertain the true boundaries of any tracts- 
or portions of lands, or to enaJble the commissioner to describe 
or dispose of the saime in suitable and convenient lots, it may 
order all such necessary surveys to be made and the expenses- 
shall be paid out of the state treaisury as other incidental ex- 
penses of the board of university and school lands are paid. 

Sec. 194. SUBDIVIDING LAND INTO SMALL TRACTS OR 
LOTS, WHEN TO BE MADE.— Whenever in the opinion of the 
board of university and school lands the interests of the state 
will be promoted by laying off any protion of the land under its- 
control into small parcels or city, town or village lots, the board 
may order such commissioner to cause the same to be done, and 
have the same appraised in the same manner as hereinbefore 
prescribed. 



STATE OP NORTH DAKOTA. ±4^ 

Sec. 195. SALE OF LOTS. NEW APPRAISAL.— All par- 
cels or lots -so appraised shall be subject to sale in the same man- 
ner and upon the same terms and conditions and the contract of 
purchase shall have the same effect, as in the case of other lands 
for which provision is made in this article, and at the prices at 
which the same are severally appraised, until a new appraisal is 
made, which the board of university and shool lands may in its 
discretion order at any time, in the manner aforesaid, and with 
the like effect but no lots or parcels so appraised shall be sold for 
less than the minimum price of said land, established in this ar- 
ticle. 

iSec. 196. MAP TO BE ENTERED OF RECORD.— Whenever 
the commissioner shall lay off any tract of land into smiall par- 
cels or lots, as provided in this article, he shall cause a correct 
map of the same to be entered of record in the county where 
said lands are situated. 

Sec. 197. GONTRAOTS OF PURCHASE. RIGHTS UN- 
DER. — Contracts of purchase, issued, pursuant to the provisions 
of law, entitle the purchaser, his heirs or assigns, to the posses- 
sion of the lands therein described, to maintain actions for in- 
juries done to the same, or any action or proceeding to recover 
possession thereof, unless such contract has hecome void by for- 
feiture; and all contracts of purchase in force may be recorded 
in the same manner that deeds of conveyance are authorized to 
'be recorded. 

Sec. 198. ASSIGNEE OF PURCHASERS.— Each assignee of 
a bona fide purchaser of any of the lands mentioned in this arti- 
cle is subject to and governed by the provisions of law applicable 
to the purchaser of whom he is assignee ; and he shall have the 
same rights in all respects as an original purchaser of the same 
class of lands. 

Sec. 199. CONTRACTS MAY BE SURRENDERED AND 
TWO OR MORE ISSUED, WHEN.— Whenever the holder of any 
contract of purchase of any state or school land shall surrender 
the same to the commissioner with a request to have the same 
divided into two or more contracts, it shall ibe lawful for the 
commissioner to issue the same; provided, that the proposed sub- 
division shall be only in the smallest of the regular government 
or state subdivisions; and, provided, that no new contracts shall 
issue while there is due and unpaid any interest, principal or 
taxes on the principal contract of sale, nor in any case where the 
commissioner shall be of the opinion after an examination o'f the 
lands, if necessary, that the security woiild be impaired and 
endangered by the proposed division, nor until such proposed 



144 GEiNElRAL SCHOOL LAWS, 

change shall have the approval of the board of university and 
school lands, and for all such new certificates a fee of five dollars 
for each certificate so issued shall be paid by the applicant, which 
fee shall be paid into the state treasury and become a part of 
the expense fund of the board of university and school lands. 

Sec. 200. CONTRACT VOIDABLE ON FAILURE TO PAY 
PRINCIPAL OR INTEREST.— In case the annual interest due 
on the first day at Jamuary in any year shall not be paid within 
thrity days thereafter iby the purchaser or by any person claim- 
ing under him, the contract shall, from the time of such failure, 
be voidable. In case any installment on the purchase price shall 
not be paid within thirty days after the same becomes due by 
the provisions of contract of sale, the contract, from the time 
oif such failure shall be voidable. And in all cases where any 
contract becomes voidable by reason of failure to make the pay- 
ments required by the contract and the terms of this section, 
the board oif university and school lands may in their discretion 
declare such contracts of sale void; and in case of such declara- 
tion, shall notify the holder thereof, of such declaration, by 
written notice mailed to his postofiice address and send a dupli- 
cate copy thereof to the auditor of the county in which such land 
is situated, and order the commissioner to take possession of the 
land described in such contract. 

Sec. 201. REDEMPTION BEFORE RE-SALE.— In all cases 
where the rights of a purchaser, his heirs or assigns, become for- 
feited under the provisions of this article, by failing to pay the 
amounts required, such purchaser, his heirs or assigns, may, be- 
fore the re-sale at public auction of the lands described in such 
contract, pay to the state treasury the amount of interest due 
and payable on such contract, and all costs which have been in- 
curred in addition thereto, together with interest at the rate of 
twelve per cent per annum on the interest and costs so due from 
the date of delinquency to the date of payment, and such pay- 
ment shall operate as a redemption of the rights of such pur- 
chaser his heirs or assigns, and such contract from the time of 
such payment shall be in full force and effect, as if no forfeiture 
had occurred; provided, that after the rights of a purchaser, his 
heirs or assigns shall have become forfeited under the provisions 
of this article, the board of university and school lands shall 
have the power, and it is hereby made their duty to provide for 
the re-sale of said land so forfeited if in their opinion a re-sale 
of said land shall be most advantageous to the state, otherwise the 
said board shall provide for the leasing of said land from year to 
year as herein provided, and after a lease of said land shall be 
made by said bo^ard, the lessee, his heirs and assigns, shall be 



STATE OP NORTH DAKOTA. 145 

entitled to the full and absolute possession of all of said lands 
and premises so leased. 

Sec. 202. FEE IN STATE UNTIL CONTEACT FULFILLED. 

—The fee of each parcel of such lands shall be and remain in the 
state until the patents hereinafter provided for are issued for 
the same resipectively, and no patent shall issue until full pay- 
ment of all sums and full compliance with all the conditions of 
the contract of parchase, and in case of noa r ompli:in<;e by the 
purchaser, his heirs oi assigns, with tlie terms of the contract 
as aforesaid, or with the provisions of law applicable thereto, 
^*ny and all persons being or continuing io ])OSses.sion of any such 
lands after a failure to comply with the lerms of the contract 
as aforesaid, or with such provisions of law, as aforesaid, with- 
out a written permission of the commissionei", shall be deemed 
and held to detain such land forcibly and without right, and to 
be tresipaissers thereon. 

Sec. 203. RECOVEEY OF POSSESSION.— In case any per- 
son holds or continues in possession of any of the land men- 
tioned in this article, contrary to the conditions or covenants of 
any lease or written agreement, he shall be liable to an action 
of forcible detainer, or any other proper action for the recovery 
of possession of such lands and damages for detentioi; of the 
isame. 

Sec. 204. RECONVEYANCE TO THE UNITED STATES.— 
In all cases where lands have been erroneously or improperly 
certified or conveyed to the state of North Dakota for school or 
other purposes by the United States, the governor of the state 
is anthorized to reconvey or relinquish by the execution, under 
his hand and the seal of the state, of such conveyances as will 
he necessary to convey or relinquish the title which the state 
may have to such lands. 

Sec. 205. PATENTS, WHEN TO ISSUE.— When any land 
•sold under the provisions of this article has been fully paid for, 
and all terms of the contract of purchase fully cou)plied with, 
the board of university and school lands shall so certify to the 
governor, who shall thereupon issue to the purchaser thereof, 
Ms heirs or assigns, a patent conveying the title of the state to 
siuch land, and the governor shall in like manner issue a ^latent 
to any purchaser of the rights, title and interest of the original 
purchaser, his heirs or assigns, acquired iby any execution sale. 
All such patents shall be signed 'by the governor and attested by 
the secretary of state with the great seal of the state of North 
Dakota, and shall be countersigned by the board of university 
and school lands with the seal of the secretary of said board. 



146 GENERAL SCHOOL LAWS, 

Sec. 206. PATENTS TO BE RECORDED.— The registers of 
deeds of the several counties of this state are authorized to 
record all ipatents issued by the governor pursuant to the pro- 
visions of this article; and the records thereof shall have the 
same effect as the record of other conveyances executed accord- 
ing to the laws of this state. 

Sec. 207. (Amended.)— TAXATION OF LANDS AFTER 
SALE. PURCHASER OF TAX CERTIFICATE.— The commis- 
sioner shall, as soon as possible after the sale of lands, transmit 
to the auditor of each county, in which any lands mentioned in 
this article have heen sold, a detailed description of each parcel 
of the land so sold and the names of the purchasers, and the au- 
ditor shall extend the same lupon his tax duplicate for the pair- 
poise of taxation, and the same shall thereupon become subject 
to taxation the same as other lands, and the taxes assessed there- 
on, collected and enforced in like manner as against other lands ; 
provided, however, that the purchaser at tax sale of any such 
lands sold for delinquent taxes shall only acquire by virtue of 
such purchase, such rights and interest as belong to the holder 
and owner of the contract of sale issued by such comimi'ssioner 
under the provisions of this article, and the right to be substi- 
tuted in the place of such holder and owner of such contract of 
sale, as the assignee thereof; and upon the production to the 
proper officer of the tax certificate given upon such tax sale, in 
case such lands have not been redeemed, such tax purchaser shall 
have the right to make any payment of principal or interest then 
in default upon such contract of sale, as the assignee thereof. 
But no tax deed shall be issued upon any tax certificate pro- 
cured under the provisions of this act while the legal title of 
said lands remains in the state of North Dakota. Whenever the 
contract for the sale of any of said lands has been cancelled, it 
ishall be the duty of the commissioner to notify the auditor of 
the county in which such lands are located of said canceHation, 
and thereafter snch lands shall not fee listed for taxation, but in 
the event oif the redemption of any such lands, the redemptioner 
shall pay as taxes in addition to all other charges an amount 
equal to the tax last levied thereon for each year such land was 
not listed for taxation, together with such interest and penalty 
as would have been charged, if the same had been regularly 
listed and taxed. 

Sec. 208. PAYMENT TO COUNTY TREASURER. DUTY 
OF TREASURER. — The purchaser of any land mentioned in 
this article, or his assigns, may pay to the connty treasurer of 
the county in which such land lies any amount which may be due 
from time to time on the contract, either for principal, interest, 
rents or penalty, and for the amounts so paid the county treras- 



STATE OF NORTH DAKOTA. I47 



urer shall give to such person a duplicate receipt s[..ecil'yiiig the 
amount paid, date of payment, whether for principal, interest or 
penalty, and the fund to which it is applicable, the number of 
the contract, the name of the original purchaser of the land, or 
the assignee thereof, which receipt shall be countersigned by 
the auditor of said county, and have the same force and effect 
as if given by the state treasurer. All moneys received by the 
county treasurer, under the provisions of this article, shall be 
held at all times subject to the order and direction of the state 
treasurer for the henefit of the funds to which the moneys re- 
spectively belong; and during the months of January, March, 
June and Ootoiber of each year, and such other times as he may 
be requested so to do by the state treasurer, he shall pay into the 
state treasury all moneys received on account of such funds 
since the last payment he may have made. 

Sec. 209. BOND OF COUNTY TREASTJEEK. CONDI- 
TIONS OF. — The bond of each county treasurer shall be condi- 
tioned for the honest and faithful discharge of all trusts and 
res]X)nsiibility imposed by this article, and for the faithful pay- 
ment of and accounting for all moneys received hy him under 
the provisions of this article to the state treasurer or any other 
person entitled to receive the same, and the board of university 
and school lands shall on or before the first day of January, 
following any election for county officers, certify to the chair- 
man of the board of county coanmissioners of each county the 
amount of money liable to co^me into the hands of the treasurer 
of the county under the provisions of this article, and the board 
of comnty comimissioners shall add to the amount of the sum re- 
quired on his regular official bond to the county double the sum 
'SO certified by the board of universit}' and school lands, and the 
record of the proceedings of such board of county commissioners 
when fixing the amount of such bond shall specify in two separ- 
ate items the aggregate amount of the bonds so made up, desig- 
nating one sum as the amount to indemnify the county, and the 
other to indemnify the i-tate for any losses incurred by reason 
of failure to comply with the provisions of all laws regulating 
his duty. 

Sec. 210. FEES TO COUNTY TREASURER— €ounty treas- 
urers shall be entitled to a fee of one-(half of one per cent on each 
dollar collected or received and remitted by them in payment 
of principal or interest, fines, penalties and damages on state 
lands, which fee shall be payable from the general fund of the 
class of lands on which payment is made to such treasurer, and 
such fee shall be paid to the county treasurer on vouchers coun- 
tersigned by the county auditor and approved by the commis- 
sioner of university and school lands and such approved vouchers 



148 GENERAL SCHOOL LAWS, 

shall ibe paid out of any appropriation for the expenses of ap- 
praisement and sale of such lands. 

Sec. 211. DUTY OF COUNTY AUDITOR.— The county audi- 
tor shall, at the time he is required by law to return abstracts 
of settlement to the state auditor, also forward to the land com- 
missioner all duplicate or triplicate receipts of principal, inter- 
est, penalty or rental on state lands, with a certified statement 
of such collection by the county treasurer, specifying the amount 
of each item; and he shall also make such return at any othey 
time as may be required by the board of university and school 
lands. 

Sec. 212. LIST OF LANDS SOLD TO BE FURNISHED 
COUNTY TREASURER.— On or before the first day of December 
in each year the commissioner shall cause to be made out and 
transmitted to county treasurers a sftatement showing the lands 
sold in their respective counties, the number Of the contracts of 
purchase, the name of the person to whoim each contract was 
issued, and the amount of both principal and interest due on each 
on the first day of January, together with such directions, in- 
structions and blanks as shall enable the county treasurers to 
carry out the provisions of this article. 

Sec. 213. TOWNSHIP ASSEiSSORS TO EXAMINE STATE 
LANDS. — It shall be the duty of all township and disti'ict as- 
sessors, whenever required by the commissioner to examine and 
report on any lands designated to them by him, in the manner 
and form iprescribed by him, and for such examination they 
shall be paid at the rate of three dollars per day for time actu- 
ally engaged, upon vouchers approved by the commissioner. 

Sec. 214. TRANSFER OF RECORDS TO COMMISSIONER.— 
All abstracts and conveyances of title to the state of North Da- 
kota whether the said lands are held for penal, educational, 
charitable, school or other purposes, shall be, by those in whose 
charge such coaveyances now are or may come, deposited with 
and remain in the control of the commissioner of university and 
school lands. 

Sec. 215. PERMANENT AND GENERAL FUNDS.— The 
principal accruing from all sales of school, university or other 
state lands under the control of the board of university and 
school lands, as provided for in this article, shall become a part 
of the several permanent funds to which they respectively be- 
long and shall not be reduced by any means whatever. AH 
moneys received as interest, for rents, penalties, permits or from 
any source other than from the principal of sales shall become 
a part of the general or current funds to which they respectively 
belong and shall be distributed as directed by law. 



STATE OP NORTH DAKOTA. 149 

Sec. 216. QUANTITY OF LANDS TO BE SOLD.— No moro 
than one-fourth of the common school lands of the state s\iv.]\ 
be sold within the first five years after they 'become salable un- 
der the proYisions of section 155 of the constitution, nor more 
than one-half of the remainder within ten years after The same 
become salable as aforesaid. The residue may be sold at any 
time after the expiration of such ten years; provided, however, 
that the coal lands of the state shall not be sold, but may be 
leased under the provisions of any law governing such leases. 
The words "coal lands" include lands bearing lignite coal. 

Sec. 217. (Amended)— LANDS SUBJECT TO LEASE. All 
the common school lands and all other public lands of the state 
that are not of such value as will admit oi appraisal at ten dol- 
lars or more per acre, at the time of any regular appraisal, may 
be leased; provided, that no leases can be granted for a period 
longer than five years, and only for pasturage and meadow pur- 
poses, and at a public auction after notice as hereinafter pro- 
vided; provided, further, that all of such school and public lands 
now under cultivation may be leased at the discretion and under 
the control of the board of university and school lands for other 
than pasturage and meadow purposes until sold ; provided, further, 
that in case of a sale of the land so leased during the term of the 
lease, the lessee to be given ninety days' notice, and provided, 
■further, that at the expiration of said lease or within ninety days 
of the date of receiving the aforesaid notice, the said lessee 
may remove from said lands so leased, all fences, sheds, water 
tanks, wind mills, etc., used upon said lands by said lessee. All 
rents shall be paid annually in advance. 

Sec. 217a. MAY LEASE CULTIVATED LANDS.— The com- 
missioner of university and school lands is hereby authorized 
and empowered to lease cultivated school and institution lands 
in the several counties of the state for the period of two years 
for the purpose of summer-ifallowing the first year and cropping 
the next, when in his opinion it is necessary so to do in order to 
clear the same of noxious weeds, said lessee to pay only one 
year's rent for the same. When any lands are leased as above 
provided the party so leasing the same, before lease is approved 
by the board of university and school lands, shall pay to the 
county treasurer of the county in which the land is situated the 
total amount of rent therefor. Shonld the lessee so renting the 
land as above provided fail or neglect to summer-fallow the 
same at the proper time, the boaM of university and school lands 
In their discretion may declare the lease canceled and the amount 
paid thereon will thereby become forfeited. 



150 GENBRAL SCHOOL LAWS, 

Sec. 218. APPRAISAL FOR LEASE BY COUNTY BOARD. 
■ — It shall 'be the duty of the county board oif appraisers, each and 
every j^ear if so ordered, to appraise in the same manner as all 
other lands that are listed for taxation are appraised, all the 
common school and other public lands of the state in their 
respective districts that may be included in the order, making 
a return of all such appraisals to the board of university and 
school lands in the form prescribed on blanks furnished by the 
board; such returns to be made on or before the first day of July 
of the same vear; and for any services performed as required by 
this article they shall 'be paid at the rate of three dollars per 
day, to be paid by the state treasurer out of the funds appro- 
priated for the current expenses of such 'board. It shall be the 
duty of the board of university and school lands to equalize the 
appraisements so returned as to counties by adding thereto or 
taking therefrom such a uniform percentage as may in its judg- 
ment seem proper and fair in order to arrive at a just and 
equitatole equalization (between the several counties, and upon 
such valuation so fixed the board of university and school lands 
are authorized to fix a per cent per acre as the minimum price 
at which the land can be leased; provided, that the lowest price 
of lands leased for pasturage cannot he below one-half of one 
per cent of the average value in the county, and for any culti- 
vated lands in the county the lowest price cannot be below two 
and one-half per cent of the appraised value of each cultivated 
tract. And when advertising the same for lease they shall set 
opposite each description the value thereof as equalized by them, 
which valuation shall form the basis for leasing the same. 

Sec. 219. SELECTION OF LANDS FOR LEASE.— The board 
of university and school lands shall have the power, and it is here- 
by made its duty to select from the lands so appraised such tracts 
as in the judgment of the board can be leased with profit to the 
school and other permanent land funds of the state, or as the leg- 
islature may by law order to be leased, and shall at such time as 
in its judgment is for the best interests of the state, proceed to 
advertise for lease and offer for lease, in each succeeding year, 
such lands as have thus been selected. 

Sec 220. (Amended).— ADVERTISEMENT FOR LEASING. 
— All such lands to be leased or oifered for lease lying within 
the respective counties shall by the board of university and 
school lands be advertised for lease by publication once a week 
for not less than sixty days in some newspaper or newspapers 
of general circulation in the vicinity of such lands. Such ad- 
vertisement shall contain the designation or proper description 
of each tract or parcel of land so to be leased, the appraised 
value of each tract and the per cent on such valuation fixed by 



STATE OF NORTH DAKOTA. 151 



the board as the minimum price at which such land can be 
leased and the terms of the lease. A copy of such advertise- 
ment shall also be posted in a conspicuons place at the court 
house of the county, and a notice of the time and place where 
the said lands are to be leased shall also be published for not 
lesis than sixty days in one newspaper at the seat of government 
by such board of university and school lands; provided, that if 
in the opinion of the board there will not be sufficient of such 
lands situate in any county leased to warrant the expense o>f 
advertisement in a newspaper, by description of each tract or 
parcel, the notice may be given by general advertisement. 

iSec. 221. MANNER OF LEASING. BY WHOM MADE. 
HOW CONDUCTED.— It shall be the duty of the commissioner 
of university and school lands, or such other person as may be 
appointed toy the tooard of university and school lands, to (?onduct 
the leasing of such lands in accordance with the provisions of 
this article and such directions as shall be prescribed therefor 
by the board; provided, that the leasing shall be at public aue- 
tion to the highest bidder at the court house or place where 
terms of the district court are held, comimencing on the day 
specified in the advertisement for such lease and between the 
hours of ten o'clock A. M. and five o'clock P. M. to continue froim 
day to day until all tracts or parcels of land advertised for lease 
shall have been leased or offered for lease; but the time for 
leasing the same shall not exceed ten days in any county, except 
that an adjournment may be made over the Sabbath or any legal 
holiday. In counties where a large number of tracts of land are 
to be leased the land situated in certain townships may be desig- 
nated in the advertisement to be leased on certain specified days 
and in such case such lands shall be leased or offered for lease 
on such specified days, or for want of time for the leasing or 
offering for lease of all such designated lands, the leasing of 
those unoffered may be adjourned until the following day or days, 
when they must be the first lands offered for lease. Such lands 
as shall not have been specially subdivided shall be leased or 
offered for lease in tracts of one-quarter section each, and those 
so subdivided in the smallest subdivision thereof. Notice must 
be given when the land is offered that all bids are subject to ap- 
proval by the board. At the time of offering the lands for lease 
the co'unty auditor of the county shall act as clerk, and it shall 
be his duty to make report thereof, stating the terms of su<:'h 
leasing, as is prescribed in section 190 for making reports of 
sales. 

Sec. 222. BIDDERS TO PAY FIRST YEAR'S RENT AT 
TIME OF LEASINCt. PROVISIONS FOR FAILURE TO PAY. 
— The highest toidder for any parcel of land shall at once deposit 



152 GENERAL SCHOOL LAWS, 

the amount of Ms bid with the county treasurer, who shal" act 
as treasiurer of said leading, failing to do which the bid of the 
next highest 'bidder shall be accepted under like conditions; 
provided, his bid shall not be less than the (minimum price as fixed 
under and in pursuance of section 218. 

Sec. 223. ADJOURNMENT OF LEASE.— Whenever the 
board of university and school lands finds that the interests of 
the state will be subserved by the adjournment of the time for 
ofl'ering lands for lease, the authority conferred by section 188 
for adjonrnment of sales is made applicable to the leasing of 
lands. 

Sec. 224. APPROVAL OF LEASE AND EXECUTCON OF 
CONTRACT FOR LEASE. THE BOARD OF UNIVERSITY 
AND SCHOOL LANDS TO HAVE POWER TO LEASE TO AP- 
PLICANTS IN CERTAIN CASES.— Immediately upon receipt 
of the report of the co'unty auditor as required by this article, 
the board of university and school lands shall approve and corn- 
firm the lease of all such tracts as in its judgment should be 
made, and shall at once certify a list of the approved leases to 
the coimimissioner, who shall without delay execute duplicate 
contracts of lease in the form prescribed by the board, and for- 
ward to the lessee a copy marked "duplicate," the "original" be- 
ing filed in the office of the commissioner, who shall also forth- 
with certify to the auditor of the proper county, a list of such 
leases as have been approved by the board. In case any of the 
lands in any county may remain unleased after the date adver- 
tised for the leasing, the board shall have authority to make con- 
tracts of lease for said lands to the first applicant therefor at not 
less than the minimum price thereof. 

Sec. 225. (Amended.)— LESSEE NOT TO DESTROY TIM- 
BER. — No lessee otf any of the coimmon school or public lands of 
the state, or his heirs or assigns, shall cut down or take away 
from such tract any timber, trees or wood, or suffer or cause the 
same to be done by any person, except that such lessee may cut 
down or use such amount of dead or prostrate trees, or timber 
as may be sufficient to supply him with fuel for his family or the 
families of his employees actually residing upon said tract, and 
further, that such lessee, his representative or assigns may, dur- 
ing his term or within a reasonable time thereafter remove any 
pump, curbing, fencing, or any other improvement he may have 
placed thereon or received froim any preceding occupant or 
lessee of the land. Any lessee violating the provisions of this 
section shall forfeit his lease and all rights and interests there- 
under, and shall he liable to the state for damages sustained by 
the state by reason thereof and shall be guilty of a misdemeanor. 



STATE OF NORTH DAKOTA. 153; 

Sec. 226. LESSEE NOT TO BREAK UNCULTI^^^TED 
LAND. — ^No lessee, or the heirs or assigns of any lessee, of anr 
of the common school or public lands of this state, leased for- 
meadow or pasturage purposes, or of school or public lands leased 
for the purpose of cultivation, which may contain any unculti- 
vated or unibroken land, shall break, plow or cultivate any un- 
broken land on any tract so leased, or cause or suffer it to be 
done by any other person. And any lessee, or his heirs, or as- 
signs, who shall violate the provisions of this section shall incur 
the same forfeitures and liabilities as are provided in the pre- 
ceding section, and shall also be guilty oif a misdemeanor. 

Sec. 227. HAY NOT TO BE CUT BEFORE JULY FIRST.— No 

lessee or his heirs or assigns, shall mow or cut for hay or feed 
any grass on any untoroken land, or cause or suifer the same to 
be done by any other person pnor to the first day ol July in any 
year. And any lessee or his heirs or assigns, who shall violate- 
the provisions of this section shall incur the same forfeitures 
and liabilities as are provided in' section 225, and shall also be 
guilty of a misdemeanor. 

Sec. 228. BOARD OF UNIVERSITY AND SCHOOL LANDS 
TO GRANT PERMITS TO CUT HAY AND TO REMOVE DEAD 
AND DOWN TIMBER. — The board shall have authority, when 
in its judgment it is for the best interests of the state so to do, 
to sell the right to cut grass on any of the public lands of the- 
state and to sell any down and dead timber on said lands for 
such price, terms and conditions as they may think proper, but 
no dead timber, if standing, shall be deemed to <be included in 
the sale unless expressly so specified in the permit. All suck 
permits shall only be for the current season and between the 
fifteenth day of June and the first day of April of the following- 
year, and no control of rights of occupancy of said land shall be 
other than what is specified in such permit; said permit shall 
be sold by the several co^unty treasurers, whose duties and com- 
pensation shall 'be prescribed by the board of university and 
school lands, but said compensation shall be based upon a per- 
centage of amounts of money collected and remitted to the 
state treasurer from said sale of grass and timber in their re- 
spective counties. All permits shall be paid for in advance. 

Sec. 229. TRESPASS UPON PUBLIC LANDS. Cr\^IL 
ACTION FOR. — Whoever commits any trespass upon any of the 
lands owned , or held in trust, or otherwise by the state shall be 
lialble in treble damages in an action to ^be brought in the name of 
the state, if such trespass is adjudged to have been willful; but 
single damages only shall be recovered in such action if such 
trespass is adjudged to have been casual and involuntary. 



154 GEiNEiRAL SCHOOL LAWS, 

Sec. 230. WILLFUL TRESPASS. PEII^ALTY.— Whoever 
commits any willful trespass upon any of the lands owned or held 
in trust or otherwise by this state, either by cutting down or 
destroying any timber or wood standing or growing thereon, or 
by carrying away any timber or wood therefrom, or by 
mowing or cutting or removing any hay or grass standing or 
growing or being thereon, or who injures or removes any build- 
ings, fences, improvements or other property belonging or apper- 
taining to said land or unlawfully breaks or cultivates any of 
said lands or aids, directs or countenances such trespass or other 
injury shall be deemed guilt}^' of a misdemeanor, and upon con- 
viction thereof shall be punished by imprisoniment in the county 
jail not more than one year, or by fine not exceeding five hundred 
dollars, or both such fine and imprisonment, in the discretion of 
the court. And whoever is occup^dng, residing upon or in 
possession of any school or other public lands owned or held in 
trust or otherwise by the state at the time of the passage, ap- 
proval and taking effect O'f this act without a valid lease there- 
for shall be deemed and held to be a willful trespasser thereon, 
and guilty of trespass upon such land, and upon conviction 
thereof shall be punished as provided for in this section for any 
other act of trespass. 

Sec. 231. PROPERTY TO BE SEIZED.— In addition to the 
penalties provided for in this article against those committing tres- 
pass upon any of the lands owned or held in trust or otherwise by 
this state, the commissioner is authorized and empowered without 
legal process to seize and take, or cause to be seized and taken 
any and all timber, grass, wood or other property unlawfully sev- 
ered from such lands, whether the same has been removed from 
such lands or not, and may dispose of the property so seized and 
taken, either at public or private sale, in such manner as will be 
most conducive to the interests of the state; and all moneys 
arising therefrom after deducting the reasonable and neces'S'ary 
expenses of such seizure and sale shall be made a part of the gen- 
eral fund belonging to the public lands and shall be distributed 
in accordance with the provisions of this article. 

Sec. 232. DAMAGES. — All damages recovered for any tres- 
pass, or other injury upon or to any of the lands mentioned in this 
article, shall be paid over to the state treasurer for the benefit of 
the general fund to which the same properly belongs. 

Sec. 233. STATE'S ATTORNEY TO PROSECUTE AND RE- 
PORT. — The state's attorneys of the several counties shall 
promptly report to the commissioner all cases of trespass com- 
mjitted upon such lands, which may come to their knowledge, and 
shall, when directed by the attorney general, prosecute all actions 



STATE OF NORTH DAKOTA. 155 

for any trespass or injuvy thereto, or for recovery of possession 
thereof, or oitherwise. 

Sec. 234. EXPENSES OF SALE, HOW PAID.— The expenses 
of publishing notices of the sale of the university, school and all 
other public lands of the state shall be paid by the state treasurer 
upon the warrant of the state auditor out of the general or cur- 
rent funds of the ditfereut institutions as designated in section 
215, and such expenses .sball be apportioned according to the re- 
ceipts credited each fund from proceeds of each and every sale. 
All Ibills for such publishing shall be verified by the publisher 
and approved by the board of university and school lands. 

Sec. 234a. EXPENSE OF ADVERTISINa AND LEASING.— 
There is hereby annually appropriated out of any funds in the 
treasury not otherwise appropriated the sum of two thousand 
dollars, or so much thereof as may be found necessary, for the 
purpose of paying the expense of advertising the common school 
lands for lease and the attendant expense of leasing the same. 

Sec. 234b. (Amended) FEES FOR SERVICE. DUTY OF 
COUNTY TREASURERS.— It shall be the duty of the commis- 
sioner of university and school lands to charge and collect the 
following fees : For each one year lease of school or other state 
lands, $1.50. For each lease for a period of more than one year~ 
|3. For each contract for lands purchased, |5. For each 
patent, |5. For approving and recording each assignment of 
school land contract, |5. For furnishing certified copies of school 
land contracts, $3. All fees must be paid in advance and when 
•collected must he paid into the state treasury at the end of each 
month and be placed to the credit of the expense fund of the 
board of university and school lands. It shall be the duty of the 
county treasurer of any county where any such lands are leased 
or sold to collect the fees hereinbefore provided for at the time 
the first payment thereon is made for leases and contracts of sale 
and transmit the same to the commissioner on the first day of 
each momth. 

Sec. 235. APPROPRIATION FOR EXPENSES OF BOARD.— 
There is hereby annually appropriated out of any funds in the 
treasury not otherwise appropriated the sum of five thousand dol- 
lars, or so much thereof as may be found necessary, for the sal- 
aries and expenses of the commissioner of university and school 
lands, clerk hire, record books, blanks and all such other expenses 
as shall be necessarily incurred by the board of university and 
school lands in carrying out the provisions of this article, and 
such expenses shall be paid out of the treasury, and upon satis- 
factory vouchers therefor the state auditor shall issue his war- 
rant for the same. 



156 GENERAL, SCHOOL LAWS, 



FUNDS OP AGRICULTUEAL COLLEGE AND DEAF AND DUMB ASYLUM. 
(Chapter 138, Laws of 1901.) 

Section 1. STATE AUPITOKS TO PAY OVER FUNDS. 
— All moneys received as interest for rents, penalties, 
permits or from any other source than from the prin- 
cipal ot sales of agricultural college lands, and lands be- 
longing to the deaf and dumb asylum, state university and 
school of mines, shall be paid over to the respective institu- 
tion treasurers of the agricultural college, deaf and dumb 
asylum and state university and school of mines upon the 
warrant of the state auditor on the first day of January, 
April, July and October in each year. 

Sec. 2. FUNDS SUBJECT TO ORDER OF.— The funds 
herein referred to shall be subject to the order of the respec- 
tive boards of trustees of each institution herein mentioned 
and shall be used for the maintenance of such institutions. 



APPROPEIATION FOE SELLING SCHOOL LANDS. 
(Chapter 13 Laws 1901.) 

Section 1. APPROPRIATION.— There is hereby annual- 
ly appropriated out of any funds in the treasury not otherwise 
appropriated, the sum of four thousand dollars, or so much 
thereof as may be found necessary, for the purpose of paying: 
the expense of appraising, advertising and selling common 
ischool, institution or other lands, under the control of the 
board of university and school lands. 



STATE OP NORTH DAKOTA. 157 



APPENDICES. 



APPENDIX A. 



SPECIAL LAWS. 



The following special laws enacted by the legislative assemibly 
from 1877 to June 20, 1886, pertaining to the organization and 
government of independent school districts and acts amendatory 
thereof are in full force and effect, towit: 

(a) "An act providing a board of education for the city of 
Fargo, Dakota Territory, and regulating the management of the 
public schools therein," approved February 20, 1879. 

(b) "An act providing for a board of education for the city of 
Jamestown, Dakota Territory, and regulating the management 
of the public schools therein," approved March 3, 1883. 

(c) "An act providing for a school board for the city of Lis- 
T^on, and for other purposes," approved March 13, 1885. 

(d) "An act to create certain territory now within the school 
township of Brightwood, Eichland County, Dakota Territory, as 
an independent school district, No. 1 (Hankinson), Richland 
county, Dakota Territory," approved March 13, 1885. 

(e) "An act establishing the independent school district of 
"Walcott, Eichland county, Dakota Territory," approved March 
13, 1885. 

(f) "An act to create a joint school township (Waziya) in the 
counties of Griggs and Siteele," approved March 13, 1885, 

All other special and private laws pertaining to the estaJblish- 
ment and management of schools in that portion of the Territory 
of Dakota which now constitutes the state of North Dakota, have 
•expired by their own limitation, or otherwise. 



158 GENERAL SCHOOL LAWS, 



APPENDIX B. 



STATUTES NOT INCLUDED IN SCHOOL LAWS. 



PENALTY FOE FAILURE TO MAKE EEPOETS. 

Sec. 306. PENALTY. — Any county, citj', ^^llage, civil town- 
ship, school township or school district officer, who is required 
by law to make an official report to any other county, city, village, 
civil township, school township or school district officer, board, 
tribunal or state officer, and who willfully neglects to make such 
report, or fails to perform such official duties, shall forfeit and 
pay to the state a penalty of not less than ten nor more than two 
hundred dollars, to be recovered from such delinquent officer, or 
from him and the sureties upon his official bond, in a civil action 
to be bromght hy the staite's attorney in any court of record hav- 
ing jurisdiction. 

Sec. 307. EXAMINATION OF RECORDS. STATE'S AT- 
TORNEY TO PROSECUTE.— It shall be the duty of the board 
of county commissioners and the state's attorney in each county 
to examine the records of the several county officers at the end 
of the officer's term of office to see that they have been properly 
kept. Any failure must be remedied or it shall become the duty 
of the state's attorney to prosecute any such officer for neglect 
as provided in the last section. It shall also be the duty of the 
city council, board of aldermen, village trustees, civil township 
supervisors, school township or school district board, as the case 
may be, to examine the records of their several officers in a like 
manner, or upon complaint by the proper board the state's attor- 
ney shall prosecute as provided in the last section. 

Sec. 308. BLANKS TO P>E FURNISHED.— It shall be the duty 
of the county, city, village, civil tow-nship, school township or 
school district officers to provide at the expense of the county, 
city, village, civil township, school township or school district, 
such blanks and records as are necessary for making the proper 
record and the transaction of any official business connected with 
his office. 



STATE OP NORTH DAKOTA. 159; 



FILING BOND OF TREASUREK. 

Sec. 34G. BONDS OF TOWNSHIP AND SCHOOL DISTRICT 
OFFICERS. — It shall be the duty of each county auditor on or 
before the first day of March in each year to procure the proper 
blank bonds and send them to the clerk of each township and 
school district, and all such offlcers required by law to give bonds 
shall procure such bonds from the proper clerk; and shall imme- 
diately after the execution and approval thereof hand the same 
to the clerk of the township, whose duty it shall be forthwith to 
file such bonds, except those of justices of the peace, with the 
county auditor, and the county auditor shall on receipt thereof 
examine such bonds and see that they are properly executed and, 
if he finds that any bonds are not executed according to law, he 
shall note thereon any errors and return them to the clerk for 
correction, and it is herelby made the duty of the clerk to have 
such bonds corrected forthwith and return the same to the countj^ 
auditor. The county auditor shall not issue any order upon the 
county treasurer for funds or money belonging to a civil town- 
ship or school district to any person as treasurer of such town- 
ship or school district until his bond has been filed as in this sec- 
tion provided. 

BONDS. 

Sec. 2474. BONDED INDEBTEDNESS, FOR WHAT IN- 
CURRED. LIMIT OF. — Any city or municipal corporation in 
this state may incur a bonded indebtedness for the purpose of 
erecting public school buildings and other buildings for city pur- 
poses, purchasing fire apparatus, putting in waterworks, sinkings 
public wells or cisterns and putting in sewers and improving 
streets, which said indeibtedness, together with the indebtedness, 
which then exists shall not, except as otherwise provided, exceed 
five per cent of the assessed valuation of the taxable property in 
such city or municipal corporation as shown by the return of the 
assessor for the year next preceding the time at v/hich sucb 
Indebtedness shall be incurred. 

Sec. 2475. BONDS, HOW ISSUED. ELECTION.— The bondf*; 
issued for the purposes mentioned in the last section shall be 
issued by the city council or board of trustees of any city or 
municipal corporation only upon a majority vote of the qualified 
electors of such city or municipal corporation voting thereon at 
an election regularly called for that purpose and in accordance 
with the provisions of the charter of such city or municipal cor- 
poration governing the issuance and sale of bonds; provided, 
that in all cities and municipal corporations where the charter 



160 GENERAL SCHOOL LAWS, 

4oes not provide the manner of calling and holding an election 
for the purpose aforesaid, a special election shall be called and 
held as herein provided, or such question may be submitted at 
any annual election. The city council or board of trustees at any 
regular meeting thereof may decide to call a special election to 
vote ibonds for any of the purposes stated in section 2474, and 
they shall give at least fifteen days' public notice of such election 
hj at least two publications thereof in a weekly newspaper pub- 
lished therein, or if there is no such newspaper then by posting 
such notice in five public places in such city. Such notice shall 
state the amount and denomination of the bonds to be voted for, 
Tthe rate of interest. thereof, the purpose for which such bonds are 
to 'be issued, the form of the ballots to be used and the time and 
place of holding such election. The j-udges and clerks shall be 
appointed and the election shall be conducted as provided by the 
charter of said city for conducting annual elections, and the re- 
turns shall be canvassed and in like manner returned. This 
article shall not be construed to limit or restrict the powers al- 
ready conferred by any special charter upon the council of any 
city or municipal corporation. The bonds voted as provided 
for in this article shall be sold at not less than par value. 

Sfec. 2483. BONDS MAY BE REFUNDED.— All bonds here- 
tofore issued by any city or by or under the authority of the board 
of education of any city in this state for school or school house 
ipupposes may be refunded in the discretion of said board in the 
manner hereinafter provided, whenever there is not suflQciemt 
imoney in the treasury of such city applicable thereto, to pay snch 
l3onds. 

Sec. 2484. DENOMINATION OF BONDS.— Said bonds shall 
be in in denominations of not less than one hundred nor more 
than one thooisand dollars, shall be numbered consecutively from 
one ui,pward, shall bear the date of their issue, shall be made pay- 
able to the purchaser or bearer, shall be payable ten years from 
date, and shall bear interest at a rate not exceeding seven per 
cent per annum payable annuallj^ with interest coupons attached, 
and principal and interest shall be made payable at such place 
us may be designated by the board of education. The bonds and 
^ach coupon shall be signed by the mayor and attested by the 
city clerk or auditor under the seal of the city. Said bonds shall 
be 'printed, engraved or lithographed on bond paper, and a duly 
authenticated copy of this article shall be printed on, the back 
of each bond. 

Sec. 2486. BONDS, HOW EXECUTED.— The refunding of in- 
<deibtedness and the issuance of bonds provided in this article 
«hall be under the control and direction of the board of education, 



STATE OF NORTH DAKOTA. IQl 



and a resolmtion of said board directing the execution of such 
bonds and specifying the number and amount of each bond shall 
authorize and require the mayor and city clerli or auditor to 
execute the' same in the manner herein provided, and deliver the 
bonds so executed to the board of education who shall provide 
for the sale and negotiation thereof or for the exchange of said 
bonds for outstanding bonds authorized to be refunded under 
this article, as they may deem best; provided, that such refunding 
(bonds shall not be sold or exchanged at less than par value. 
Both principal and interest of said bonds shall be paid by the 
city treasurer by warrants drawn upon the funds created there- 
for and iss>ued under the direction of the board of education, A 
duly certified copy of the resolution of the board of education 
authorizing and directing the execution of such bonds by the 
mayor and city clerk or auditor shall be printed on the back of 
each bond. A register of all bonds so executed shall bo made 
by the city clerk or auditor and kept in his office as a public 
record, showing the number, date, amount, interest, name of 
payee and when and where payable, of each and all bonds exe- 
cuted under the provisions of this article. And after such out- 
standing bonds shall have been so refunded the same shall be 
placed in the hands of the city clerk or auditor after having had 
first marked across the face thereof in red ink the words "re- 
funded bond;" and the city clerk or auditor shall thereupon make 
a record of each bond in the same manner provided herein for 
bonds issued under this article and at the next regular meeting 
of the city council shall cancel and burn said bonds in the pres^ 
ence of the city council and make a record of such action in the 
proceedings of the council. 

Sec. 2487. INTEREST FUJSD.— Any city, town or village in 
this state having not less than three thousand inhabitants is 
authorized and empowered through its proper officers to levy and 
collect taxes not exceeding twelve mills on the dollar of the 
assessed valuation of said city, town or village, for the purpoise 
of creating an interest fund with which to pay interest upon the 
existing bonded indebtedness of such municipality, including 
bonds, if any, issued under the direction of the respective boards 
of education therein. If any officer of such municipality shall 
use the moneys collected by virtue of this section for any other 
purpose than that expressed herein, he shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be fined not less 
than one hundred nor more than five hundred dollars or impris- 
oned in the county jail not less than thirty days nor more than 
one year. 

iSec. 2488. SINKING FUND.— They may also levy and collect 
taxes not exceeding four mills on the dollar for the purpose of 



162 G-BNBRAL SCHOOL LAWS, 

creating a sinking fund to pay the bonds of the municipality as 
the same may mature; and the proper officers of the municipality 
may invest the money in said fund in interest bearing securities 
of the state or of any organized county therein or of the munici- 
pality, and shall in no other manner dispose of the money in said 
fund, and if any officer of such municipalities shall use the money 
in said fund in any other manner than as provided in this section 
he shall be guilty, of a imisdemeanor. 

BONDS FOE LABOR AND MATEEIAL FOR PUBLIC BUILDINGS. 

Sec. 4802. BONDS FROM CONTRACTORS ON PUBLIC IM- 
PROVEMENTS. — Whenever any public officer shall, under the 
laws of this state, enter into contract in any sum exceeding one 
hundred dollars, with any person for making any paiblic improve- 
ments, or for constructing any public building, or making re- 
pairs on the same, such officer shall take from the party con- 
tracted with a bond, conditioned to the effect that such con- 
tractor shall pay all indebtedness incurred for labor or material 
furnished in the construction or repair of such public building 
or in making such public improvements. 

Sec. 4803. HOW BOND EXECUTED.— Such bond shall run 
to the state of North Dakota, shall be executed by two or more 
sureties and shall be for an amount at least equal to the price 
stated in the contract. It shall be approved by the clerk of the 
district court of the county in which such building is to be con- 
structed or such public improvement is to be made and the sure- 
ties thereon shall qualify in a sum equal to double the amount 
specified in the bond. 

Sec. 4804. WHERE BOND FILED. RECOVERY ON.— Such 
bond shall be filed in the office of the clerk of the district court 
of the county in which such public improvement is to be made or 
such public building is to be erected; and any person to whoim 
there is due any sum for labor or material furnished, as stated 
in section 4802, or his assigns, may bring an action on the bond 
for the recovery of such indebtedness; provided, that no action 
shall be brought on such bond unless commenced within one year 
from the completion of such public improvements, repairs or 
buildings. 

SPECULATION IN OFFICE PHOHIBITED. 

iSec. 7632. UNLAWFUL PURCHASES BY SCHOOL DIS- 
TRICT OFFICERS. —Every person who while an officer of any 
school district or corporation, or deputy or clerk of such officer, 
directly or indirectly, buys or traffics in or in anywise becomes a 



STATE OF NORTH DAKOTA. 1^3 



party to the purchase of any school warrant, order or scrip, or 
any bill, account, claim or evidence of indebtedness against his 
school district or corporation, for any sum less than the full face 
value thereof, is guilty of a misdemeanor, and upon conviction 
thereof is punishable by a fine of not less than fifty and not ex- 
ceeding five hundred dollars. 



APPENDIX C. 



DIGEST OF DECISIONS OF SUPREME COURT. 

SCHOOL DISTEICTS-POWERS. 

Laws Dak. 1879, Chap. 14, Sec. 29, Subd. 4, provides that the in- 
liabitants qualified to vote at a school district meeting may vote 
for a site for a school house. By subdivision 5, they may vote a 
tax to purchase or lease such site. By section oG, it is made the 
duty of the district board "to purchase or lease siicli site for a 
schoiol house as shall have been designated by the voters at a dis- 
trict meeting," and to build such a school house as the voters of 
the district shall have agreed upon. Held, that the power to 
acquire a site for a school house is vested exclusively in the voters 
of the district, and the hoard have no independent authority 
whatever. 

T^armers' and Merchants' National Bank of Valley City, vs. School 
District No. 53, Barnes County, 42 N. W., 767. 

The statute restricts the amount of oibligations a school district 
may incur in any one year to li per cent on the value of the tax- 
able property in the district. Held, that warrants payable im- 
mediately, for sums exceeding such percentage, are invalid. Id. 

The district may plead ultra vires to an action on warrants 
issued for the purchase of a school site hy the district board with- 
out authority. Id. 

SCHOOL AND SCHOOL DISTEICTS— TAXATION-CONTRACTS. 

Lajws Dak. 1879, Chap. 14, Sec. 29, Subd. 5, provides that school 
districts may vote annually a tax of 1 per cent on the taxable 
property of the districts to purchase ov lease a site for a school 
house. SuJbdivision 8 provides that school districts may vote a 
tax as may be necessary, not exceeding one-half per cent in any 



164 GENERAL SCHOOL LAWS, 

one year, to furnish the school with furniture and apparatus. A 
school board issued orders in excess of 1 1-2 per cent of the tax- 
able property in the district, on which they obtained money, 
which was used in purchasing a site and building, and furnish- 
ing a school house; and, on completing the school house two years 
thereafter, reported such orders, showing that they amoiunted to 
less than 1 1-2 per cent tax for each of the two years would have 
produced, and the district accepted and occupied the school 
house, and approved the report. Held, that the district had 
power to issue the orders, and had ratified the action of the board 
in Issuing them, and was bound thereby. 

Capital Bank -of St. Paul vs. School District No. 85, Cass County, 
42 N. W., 774. 

SCHOOL AND SCHOOL DISTRICTS-INCORPOKA.TION-BONDS-ESTOPPEL. 

Pol. Code Dak. 1877, Chap. 40, Sec. 10, provides that "it shall 
be the duty of the county superintendent of schools * * 
to divide his county into school districts, subdivide and rearrange 
the boundaries of the same, when petitioned by a majority of the 
citizens residing in the district or districts to be affected by said 
change and to furnish the county commissioners * * 
with a written description of the boundaries of each district, 
which description miust be filed in the register of deeds' office 
before such district shall be entitled to proceed with its organi- 
zation." Held, that a petition by a majority of the citizens of 
the districts affected is a condition precedent to the incorpora- 
tion by the superintendent of a new district. 

Dartmouth Sav. Bank vs. School Dists. Nos. 6 and 31, Minnehaha 
County, 43 N. W., 822. 

In an action on a bond issued by a district formed without such 
petition against districts which are its successors, defendants 
are not estopped to deny that district's incorporation by showing 
failure to present the petition. Id. 

SCHOOL DISTRICTS-TEACHER'S SALARY-WARRANTS. 

Every contract relating to the employment of a teacher who 
does not hold a lawful certificate of qualification is void by the 
express terms of the statute, and every warrant issued in pay- 
ment of services of such teacher is without consideration and 
void. 

Goose River Bank vs. Willow Lake School Twp., Steele County, 
44 N. W., 1002. 



STATE OF NORTH DAKOTA. 165 

School township warrants are not negotiable instruments, in 
the sense that their negotiations will cut off defenses to them 
existing against them in the hands of the payee. Id. 

The officers of a school township cannot estop the township by 
a representation, express or implied, that the facts to authorize 
the issue of a lawful warrant exist. Id. 

Where a contract is expressly prohibited or declared void by 
statute, retention of the fruits of such contract will not subject a 
municipality^ to liability under the contract or on a quantum 
meruit. Id. 

A person who assists a public officer in depriving the public of 
the benefits of a statutory protection designed to guard the peo- 
ple against unfit and incompetent teachers has no standing in 
court, and his assignee will receive no greater consideration. Id. 
Coler et al. vs. Dwight School Twp., of Richland County. (Su- 
preme Court of North Dakota, April 25, 1893.) 

SCHOOL TOWNSHIP-ESTOPPEL-EXISTENCE OF DISTRICT. 

1. iThe county superintendent of schools, under chapter 14, 
laws of 1879, organized a school district. School district officers 
were elected, and exercised the functions of their respective offi- 
ces; teachers were employed by the district, and school was 
taught therein, and a school meeting was held in the district to 
vote upon the question of issuing bonds to build a school house. 
Such ibonds were thereafter issued. In an action upon some of 
the interest coupons of such bonds; Held, that the district was 
a defacto municipal corporation, and that therefore the defense 
could not he interposed that the bonds were void on the ground 
that the district had no legal existence because of a failure to 
comply with provisions of the statute regulating the organization 
of such districts in matters which went to the jurisdiction of the 
county superintendent to organize the district. 

2. Municipal corporations are estopped, as against bona fide 
holders of municipal bonds, from setting up as a defense to an 
action thereon that all the preliminary steps necessary to author- 
ize the issue of the bonds were not taken, when the officers who 
have charge of the issue of such bonds are especially or impliedly 
authorized to determine whether all the conditions precedent to 
the issue of valid bonds have been complied with, and recite in 
the bonds so issued that they have been complied with. It is 
not necessary to estop the corporation that this statement should 
set forth in detail that all the preliminary steps have been taken. 
It is sufficient that it declare that the bonds are issued in pursu- 
ance of a certain statute, specifying it. Neither is it essential 



166 GENERAL SCHOOL LAWS, 

that the officers issuing the bonds should be expressly authorized 
to determine such questions. 
It is sufficient if they are given full control in the matter. 

3. A school township organized under chapter 44, laws of 
1883, becomes, immediately upon such organization, liable for 
debts of a district, the school house and furniture of which be- 
come the property of the school township. This liability is com- 
plete, and does not depend upon the settlement of equities be- 
tween several districts included in the new school township, un- 
der sections 136-138, c. 44, laws 1883. 

(Syllabus by the Oourt.) 
Prairie School Dist. vs. Haseleu et al. 

(Supreme Oomrt of North Dakota, July 6, 1893.) 

SCHOOL DISTRICTS— POWERS OF OFFICERS-LOSS OF FUNDS— LIABILITY OF 
TREASURER ON OFFICIAL BOND— PAROL EVIDENCE— HARMLESS ERROR. 

1. Chapters 44-45, Session Laws Dak, Ter. 1883, relating to 
school townships and school house bonds, considered. Held, 
that the school board (consisting of the treasurer, clerk and 
director) is the official governing board of such school township, 
and such board has full power and authority to issue, negotiate 
and sell such bonds of the school township as have been duly 
voted by the electors for the purpoise of building a school house. 
Held, further, that the school township treasurer, acting inde- 
pendently, has no authority under the law and by virtue of his 
■office as treasurer, to issue, negotiate or sell such bonds. 

2. Where the school board of the plaintiff, consisting oif the 
treasurer, clerk and director, issued certain school house bonds, 
which had been regularly voted by the electors, and in doing so 
delivered such bonds to a bank to be negotiated and sold for the 
benefit of the school township, and the bonds were sold and put 
in circulation, but the proceeds were never turned over to the 
school township, but, on the contrary, were lost to the school 
township. Held, that the school board was wholly responsible 
for such loss. Held, further, that such bonds not having been 
delivered to the treasurer for negotiation and sale, and he never 
having sold or attemptf^d to sell the same, an action will not lie 
against the treasurer or his sureties on his official bond for a 
(breach of the condition of such bond, which requires the treas- 
urer to account for and pay over all moneys and property which 
shall coime into his hands as treasurer. 

3. iThe obligations of sureties upon official bonds are meas- 
ured iby the language of the bond, and where the condition of a 
'bond embodies the provision of the statute, and no more, the obli- 



SIATE OF NORTH DAKOTA. 167 

gation cannot ibe expanded by construction beyond the fair im- 
port of the language in which the sureties have consented to be 
bound. 

4. When the bonds were delivered by the board at the bank 
for negotiation and sale, all members of the board were at the 
bank,~and acting in concert. At the time the casihier of the 
bank delivered to the treasurer a writing as follows: "$1,000. 
Grand Rapids, Dakota, September 28th, 1883. Received of Wil- 
liam Haseleu, Treasurer Prairie School Township, one thousand 
dollars in bonds of Prairie Township, LaMonre Co., D. T., for 
placing and Cr. A. H. Huelster, Cashier Rank of Grand Rapids." 
Held, that such writing embodied both a receipt and a contract, 
and that as such its terms could be varied and explained by parol 
evidence, but only as to that part which is a mere receipt. 

5. Where it appears that upon the uncontroverted facts the 
plaintiff cannot recover in the action, a verdict and judgment for 
defendants will not be disturbed toy this court even when the 
records show errors in procedure. Such errors are without 
prejudice. 

(Syllabus by the Court.) 

Gull River Lumber Company, Plaintiff and Respondent, vs. School 
District No. 39, Barnes County, D. T., Defendant and Appel- 
lant. 

1. PRACTICE-FINDINGS OF FACT. 

When the trial court determines the issue of fact without a 
jury, the requirement of the statute as to findings is mandatory, 
and not directory. In such cases it is the duty of the trial court 
without request to make express findings of the ultimate facts 
which are material and arise upon the pleadings. Accordingly 
when the district court, in such case, made no express findings 
of the ultimate facts which were in issue, but instead of doing so 
adopted certain documentary evidence, and a certain stipulation 
of facts, as its findings of facts, and from such findings drew cer- 
tain legal conclusions, upon which judgment was entered. Held, 
reversible error. 

2. CAPITAL BANK VS. SCHOOL DISTRICT FOLLOWED. 

Merits of this case same as decided at present term of court, i. 
e. Capital Bank of St. Paul vs. School District No. 53. 

Gull River Lumber Company vs. School District No. 30, of Barnes 
County. 



168 GENERAL SCHOOL LAWS, 



1. TRANSFER OP CAUSES UNDER THE OMNIBUS BILL. 

Respondent, after admission of North Dakota into the Federal 
Union, argued the appeal in this case in the supreme court of the 
state, applied for a rehearing after defeat, and after securing a 
rehearing applied for and Obtained a continuance. Held, that he 
could not thereafter ototain a transfer of the case to the federal 
court on the ground of diverse citizenship, under the provisions 
of the enabling act. 

(Opinion filed F^b. 2, 1891.) 
Capital Bank of St. Paul, Plaintiff, Appellant vs. School District 
No. 53, Barnes County, D. T., Defendants and Respondent. 

1. SCHOOL DISTRICT— CONTRACT ULTRA VIRES— RATIE'ICATION. 

A contract authorized toy the inhabitants of a school district 
at a district meeting, to build a school house for an amount in 
excess of funds on hand or subject to collection for that purpose, 
and the amount that could be realized from the maximum tax 
which could be levied by the inhabitants for the current year and 
used for that purpose, is void. Therefore, Held, that such a con- 
tract, void because the district board had no authority to make 
it, could not be made binding upon the district by siubsequent rat- 
ification by the inhalbitants. Whether there was sufficient evi- 
dence of such ratification not decided. 

2. SAME— RECEIPT OF FRUITS OF CONTRACT CREATES NO LIABILITY 

Such contract being implied prohibited by statute, the receipt 
by the district of the fruits thereof creates no liability either 
under the contract or for the value received. 

3. SAME— WARRANT CREATES NO LIABILITY. 

A warrant creates no greater liability than the debt it repre- 
sents, whether in the hands of the original party or of a purchaser 
'before maturity and for value. 

(Opinion filed Nov. 29, 1890.) . 

Goose River Bank vs. Gilmore et al. 

(Supreme Conrt of North Dakota, Jan. 25, 1893.) 

APPEAL FROM ORDER DENYING NEW TRIAL— RECORD. 

1. When an appeal is taken from an order denying a new 
trial, and the motion for a new trial was heard in part upon cer- 
tain papers and documents, which, on appeal to this court, have 
been properly identified by the judge and certified by the clerk 
of district court, a motion to purge the record of such papers and 



STATE OF NORTH DAKOTA, 169 

docuiments for the reason that the same are not authenticated 
by any bill or statement, cannot be sustained. Under section 5, 
chapter 120, laws 1801, no bill or statement is required to bring 
such' papers and documents before the court. 

2. The stenographer's transcript of the proceedings had at the 
trial, and used on a motion for a new trial for the purpose of 
shoiwing errors of law occurring at the trial, does not constitute 
an authenticated record and before this court can review errors 
occurring at the trial the proceedings mmst be brought upon the 
record by a bill of exceptions or statement of the case. 

3. An affidavit used upon a motion for a new trial, which 
states that certain evidence could and would be offered if a new 
trial should be granted, is entirely insufficient unless it also states 
that such evidence is newly discovered, or furnishes some excuse 
for not introducing it on the former trial. 

(Syllabus by the Court.) 
People's Bank of St. Paul vs. School District No. 52. 
(Supreme Conrt of North Dakota, December 16, 1893.) 

SCHOOL DISTRICT BONDS— STRICT COMPLIANCE W^ITH STATUTE. 

Where a statute authorized the issue of municipal bonds pay- 
able in not less than ten jea.vs from date, bonds issued there- 
under, payable in eleven days less than ten years from date are 
void, even in the hands of a bona fide purchaser. 

INDEPENDENT LIABILITY OF DISTRICT. 

The invalidity of such bonds does not affect the liability, if 
any, of the municipality, independently of the bonds. 

BONA FIDE PURCHASERS— NOTICE OF LAW. 

It is elementary that even bona fide purchasers of negotiable 
municipal securities are charged with knowledge of all the 
requirements of the statute under which the securities were 
issued. 
Benjamin W. Hosmier vs. Sheldon School District No. 2. 

(Supreme Court of North Dakota, July 23, 1894.) 

SCHOOL DISTRICT— TEACHER'S CERTIFICATE— VOID) EMPLOYMENT. 

A contract duly executed between the proper officers of a school 
district and another person, by the terms of which said person is 
employed as a teacher in a public school in said district, is void 
where such person, at the time of making the contract, holds no 
certificate of authority to teach in the county where the district 
is located. 



170 GENERAL SCHOOL LAWS, 



CERTIFICATE WILL, NOT RELATE BACK. 

The siibsequent procurement of such certifieate will not enable 
such person to recoiver against the district damages for the 
breach of such contract. 
Samuel D. Flagg vs. School District No. 70. 

(Supreme Court of North Dakota, March 19, 1894.) 

MUNICIPAL BONDS— PROVISION FOR EXCHANGE DESTROYS NEGO- 
TIABILITY. 

An instrument providing for the payment of exchange on a 
point other than the place of payment, in addition to principal 
and interest, is not a negotiable instrument; and one who pur- 
chases the same ibefore maturity for value, and without notice 
of any defense thereto, neverthelesis takes it subject to the defense 
of want of consideration good as between the original parties to 
the instrument. 

CERTIFICATE OF PROPER OFFICER— EVIDENCE OF VALIDITY. 

Defendant was authorized to issue bonds to fund its outstand- 
img indebtedness in case certain statutory prerequisites were 
coimplied with. A record of the proceedings culminating in the- 
decision to issue bonds was to be made in the district, and a 
certified copy thereof was to be filed with the county clerk, and 
preserved as a record in his olFice. It was made the duty of the 
county clerk to examine such record in his office, and if satisfied, 
from such examination, that all the requisites of the act with 
respect to the preliminary proceedings had been complied with, 
and that the bonds were authorized to be issued, as provided for 
in the act, he was to register the bonds, and indorse upon each of 
them his certificate in the form prescribed in the statute. The 
bonds in question were so registered and certified. Held, that a 
purchaser of such bonds, for value, before maturity, and without 
notice that any of the conditions of the statute relating to pro- 
ceedings to authorize the issue of the bonds had not been com- 
plied with, could rely upon the certificate of the county clerk as 
finally settling all such matters, and that the coiurt below did not 
err in rejecting defendant's offer to prove that such conditions 
had not been complied with. 

BONDS REGISTERED AND CERTIFIED AS LEGAL UNDER STATUTE 

NOT OPEN TO QUESTION IN HANDS OF BONA FIDE 

PURCHASERS. 

By an amendment to the act, it was provided that no district,, 
in which the title to the school site was not in the school board,. 



STATE OP NORTH DAKOTA. 17]^ 



should bond its debt until it had obtained such title. But it was 
declared in such amendment that, after the bonds had been regis- 
tered and certified, their validity should not be questioned in any 
tribunal, but should he and remain valid and binding. Held, 
that this provision made it the duty of the county clerk to pas& 
upon this question of title before registering and certifying the 
bonds, and that, therefore, his decision, evidenced 'by registering 
and certifying the bonds, that such condition as to title to the 
school site had been complied with, was final on the point, as 
against the district, in favor of one who purchased the bonds in 
good faith, for value, without notice that this condition had not 
toeen complied with. 

RECITALS IN NON-NEGOTIABLE BONDS. 

The right oif a bona fide purchaser of municipal bonds to rely 
upon a recital or certificate as to facts which the person making 
the same had authoirity to determine, does not depend upon the 
bond being a negotiable instrument. It exists in the case of a. 
ibona fide purchaser of a non-negotiable bond a;s well. 

WANT OF CONSIDERATION CANNOT BE SHOWN AGAINST A BONA FIDE 

PURCHASER. 

The statute declared that a committee should audit the claims 
against the distract, and determine the amount of indebtedness 
to be funded. Held, that the auditing by the comaiiittee of 
claims against the district, and the vote of the district to bond 
to pay such bonds, as against a bona fide purchaser of such 
bonds; that an inquiry as to the validity of such claims as a con- 
sideration for such bonds, as against a bona fide purchaser of 
such bonds, that, ais against such purchaser, the district could 
not show, to prove a want of consideration between the original 
parties, that the bonds were in fact paid for by the one to whoiui 
they were originally issued by the district, hy the surrender of 
void claims held by him against the district, provided such claims 
had in fact been audited and canceled, and honds voted and issued 
'Under the proivisions of the statute. 

/Samuel D. Flagg vs. School District No. 70, Bernes County. 
(Supreme Court of North Dakota, October 28, 1895.) 

ACTION ON SCHOOL BONDS— EVIDENCE OF WANT OF CONSIDERATION.. 

Under the decision of the court on the former appeal in this 
case (58 N. W. 499, N. D. 30) it was held that the defendant could 
show a want of oonsideration for the bonds sued on by proving 
that defendant received neither cash nor audited and canceled 



172 GENERAL SCHOOL LAWS, 

warrants as a consideration for them. For error in refusing to 
rallow siuch proof the judgment is reversed. 

(Supreme Court of North Dakota, May 27, 1897.) 

SPECIAL, DISTRICT— EQUALIZATION OF INDEBTEDNESS. 

Where a school district is divided, by the organization of a 
city or incorporated town or village situated within said district, 
into a special school district, under the provisions of chapter 62 
-of the laws of 1890, the (board of arbitration provided for by said 
chapter to equalize the interests of said districts must take into 
consideration the school building owned iby the original district 
and adjust the rights of the respective districts concerning the 
same. 
Coler et al vs. Coppin et al. 

(Supreme Court of North Dakota, May 10, 1898.) 

SCHOOL TOWNSHIP— ENFORCEMENT OF JUDGMENT. 

1. When a judgment is obtained against a school township 
organized under chapter 44 of the laws of 1883, on an indebted- 
ness of a school district for whose indebtedness such school town- 
ship became liable under section 144 of such statute, the judg- 
ment creditor may proceed to enforce such judgment, the same 
as any other judgment against such school township. 



APPENDIX D. 



NOTES AND REFERENCES. 



Note 1. Section 343 fixes the bond of the superintendent of 
'public instruction at $5,000. 

Note 2. Section 343 fixes the bond of the co'unty superin- 
tendent at 



Note 3. Article 9 provides for the filling of vacancies. Sec- 
tion 359 provides when vacancies occur. 

Sec. 359. VACANCIES, HOW CAUSED.— Every office shall 
I)ecoime vacant on the happening of either of the following 
"events : 

1. Death of the incumbent. 

2. His insanity judicially determined. 

3. His resignation. 



STATE OF NORTH DAKOTA. 17JJ, 



4. His removal from office. 

5. His failure to discharge the duties of his office, when such 
failure has continued for sixty consecutive days, except when pre- 
vented from discharging such duties by sickness or other unavoid^ 
able cause. 

6. His failure to qualify a® provided by law. 

7. His ceasing to be a resident of the state, district, county 
or township in which the duties of his office are to be discharged,^, 
or for which he may have been elected, 

8. His conviction of a felony or of any offense involving moral 
turpitude or a violation of his official oath. 

9. His ceasing to possess any of the qualifications of office 
prescribed by law. 

10. The decision of a competent tribunal declaring void his- 
election or appointment. 

See also isection 780 of article 9. 

Temporary absence from the district for which the officer is 
chosen does not work a forfeiture of the office. The failure to 
elect a successor in office does not create a vacancy. 

Note 4. Section 645 does not confer upon the county superin- 
tendent authority to take acknowledgments. 

Note 5. COUNTY SUPERINTENDENT, SALARY OF.— In 

determining the salary of county superintendent that officer is 
entitled to include schools in special and independent districts. 
A county superintendent becomes personally responsible for the 
accounting from such districts as reports of clerks and treas- 
urers have to be filed with him for purposes of statistics and ap- 
portionment of the state school fund. 

Note 6. Under section 653 a person to be qualified to hold the 
office of county superintendent must hold a state certificate or a 
first grade county certificate. Such first grade need not be 
issued in the county in which the county superintendent resides, 
but must be of legal effect at the time the holder assumes the 
duties of the office. 

Note 7. The amendment to section 660 passed by the legisla- 
tive assembly of 1899 was declared to be unconstitutional by the 
supreme comrt in case of Plummer vs. Borsheim. ITiis restores 
section 660 of the Revised Codes of 1895, which is as follows : 

Sec. 660. WHAT TERRITORY MAY BE ORGANIZED INTO 
DISTRICT SCHOOL CORPORATIONS.— The county commis- 
sioners of each county not organized for school purposes under 



174 GENERAL SCHOOL LAWS, 

the district school system at the taking effect of this code, shall 
organdze into a district school corporation any territory not, at 
the taking effect of this code, already organized into a civil town- 
ship or a school towns'hip, upon being petitioned so to do by one- 
third of the residents of such territory, havimg the care and cus- 
tody of any child of school age; provided, such territory shall 
consist of not less than one congressional township, having at 
least eight thousand dollars of taxable property and at least ten 
children of sc'hool age residing therein. The county commis- 
sioners of every such county, with the advice and consent of the 
county superintendent, may rearrange the boundaries in any 
school corporation whose territory is not included within a civil 
township, when petitioned so to do by a majority of the voters 
residing within such school corporation, whose boundaries will 
'be 'affected thereby, subject to the same restrictions and condi- 
tions as to extent of territory, value of taxable property and 
numlber of resident children of school age as in the organization 
of a school corporation from territory not included in a civil 
township. In the formation of school corporations and the re- 
a.rrangement of their boundaries as provided for in this section, 
the boundary lines of congressional townships shall be followed 
as far as possible as school corporation lines. 

Note 8. Section 667, Revised Codes, does not permit the organ- 
ization of a district when there are twelve or more children of 
school age resident therein, without the requisite amount of tax- 
alble property, as sipecified 'by section 660, Revised Codes. 

Note 9. ELECTIONS. TERMS OF OFFICERS.— No va- 
cancy exists to be filled by appointment when a school board fails 
to hold an election at the time prescribed in Article IV. of the gen- 
eral school laws. The officers whose terms expire and whose 
successoirs would have to be chosen at a regular election do not 
vacate their office ibut hold until their successors are duly elected 
and qualified agreeably to the provisions of section 670, Revised 
Codes. 

Note 10. Section 672 prescribes who is qualified to vote or hold 
(Office and refers to the following sections which emibody section 
121 of the constitution ; the restrictions as to registration are not ■ 
applicable. 

Sec. 479. WHO ENTITLED TO VOTE.— Every male person of 
the age of twenty-one years or upwards who shall have been a 
Resident of this state one year, six months in the county and 
ninety days in the precinct next preceding the election, who is a 
citizen of the United States or any person of Indian descent who 
shall have severed his tribal relation two years next preceding 
such election, shall he entitled to vote; provided, he has complied 



STATE OF NORTH DAKOTA. 175 

with the pro'visiioiis of any law which is now or may in the future 
Ibe in force relating to the registration of voters. And all per- 
sons iposseS'Sing the qualifications mentioned in this section and 
who have resided in this state one year shall be eligible to any 
ofl&ce in the state, except as otherwise provided in the constitu- 
tion; provided, however, that persons .shall vote in the precinct 
where they reside and not elsewhere. 

iSec. 480. QUALIFIOATIONS OF INDIAN VOTERS.— No In- 
dian or person of Indian descent who has not received a final 
patent conveying the title in fee of lands allotted to him within 
the boiundaries of this state, pursuant to an act of the congress 
of the United States, approved February 8, 1887, and entitled "An 
act to provide for the allotment of lands in severalty to Indians 
on the various reservations, and to extend the protection of the 
laws of the United States and the territories over the Indians, 
and for other purposes," shall be deemed a qualified elector of the 
state of North Dakota, or toe entitled to the rights and privileges 
of an elector therein unless he was born within the limits of the 
United States, and has voluntarily talvon up his residence within 
this state separate and apart from any tribe of Indians therein. 
and adopted the hatoits of civilized life, and is in no manner sub- 
ject to the authority of any Indian chief or council or Indian 
agent of the United States. 

Note 11. Section 080 provides for the appointment of a clerk. 
Hiis qualifications must be those of an elector of the district for 
which he is chosen as clerk. 

Note 12. Section 681 provides for four regular meetings and 
fixes the salary of each director at |8 . 00 per year, less |2 . 00 for 
each meeting missed. No additional compensation is allowed for 
special meetings. 

Note 13. iThere is no conflict between sections 689 and 770 
relating to a breach of the conditioms of a. school treasurer's bond. 
Sectioin 770 is merely cumulative prescribing that action against 
the treasurer failing or neglecting to pay over funds belonging 
to the district may toe begun by the district school board, or the 
county superintendent or any taxpayer. 

Note 14. SCHOOL PRIVILEGES FOR NON-RE SJ DENT 
PUPILS. — Under section 696, revised codes, the school hoard is 
empowered "to admit pupils from other districts when it can toe 
done without injury or oyercrowding such schools." The hoard 
is further authorized and empowered to make regulations for 



176 GENERAL SCHOOL LAWS. 

. g . — ■ 

their admisision and the payment of tuition. Whether or not any 
provision be made for admission of non-resident pupils is discre- 
tionary with the board. 

Note 15. SCHOOL HOUSE, LOCATION OF.— A .school board 
may not lawfully erect a school house upon public school lands 
unless the board acquires title to the site the same as title would 
be acquired to any other land. 

Note 16. ENUMERATION. — Persons can be enumerated only 
in the district in which they have a legal residence. The legal 
residence of a parent or guardian is the legal residence of the 
child. Where a party resides at two or more different places 
during the same year, it appears by the decisions of various courts 
that it is a privilege of said party to determine which place is 
his legal residence unless he exercises his rights of citizenship, 
for instance, by voting or attending caucus at one place or the 
other. Such action wonld indicate his real intention. 

Note 17. STATE SCHOOL FUND NOT TO BE USED IN SUP- 
PORT OF PRIVATE OR DENOMINATIONAL SCHOOLS.— Un- 
der section 152 of article VIII of the constitution no money raised 
for the support of public schools of the state shall be appropri- 
ated to or used for the isupport of any sectarian school. There 
is nothing contained either in the constitution or statutes which 
warrants any other use of the fund than for the support of the 
common schools. 

Note 18. TEACHERS' PERMITS.— A permit to teach must 
not he issued to a person under the age of IS years. 

Note 19. CERTIFICATES, ISSUANCE OF THIRD CRADE.— 
Under section 742, revised codes, a county superintendent may 
issue a third grade certificate to a party who has taught less than 
fifteen months on a third grade certificate, irrespective of the 
number of third grade certificates that may have been previously 
issued to said pai'ty. 

Note 20.— TEACHER'S CONTRACT NOT AFFECTED BY 
CHANGE IN ORGANIZATION OF DISTRICT— A contract 
made and entered into ibetween a general school district and a 
teacher is not modified by reason of reorganization of said general 
district into a special district during the time for which the con- 
tract was made, and the district is not relieved from the fulfill- 
ment of the obligation. 

Note 21. TEACHER'S SALARY WHEN SCHOOL CLOSED 
ON ACCOUNT OF QUARANTINE.— If under the general quar- 
antine regulatioms a school be closed in due form, the teacher's^ 
right to collect pay for the time school was closed is governed 



STATE OF NORTH DAKOTA. 177 

by the general laws relating to employer and employee. During 
the time said school is closed the teacher is under contract sub- 
ject to the pleasure of the board, and during the existence of such 
contract is unable to be a party to another. 

Note 22. TEACHER'S REPORT AND SALARY.— A teacher 
is entitled to pay at the close oif each month's work, except for the 
last month in any term, when the same may be withheld until 
correct reports are made and filed by the teacher, as provided by 
section 748. revised codes. This section does not authorize the 
withholding of the teacher's wages for any other month in the 
term. 

Note 23. Section 778 requires the certificate oif the county 
auditor in addition to section 187 of the constitution and other 
statutes as to the issue being within the debt limit. Section 
2057 requires also a certificate of the treasurer. These are ap- 
plicalble to special and independent districts as well as general 
districts. 

Note 24. TREASURER'S BOND.— In a special school district 
the treasurer of the city, town, or village is treasurer of the board 
of education. By reason of being under bond as treaisurer of a 
municipal corporation he is not relieved thereby from giving bond 
as treasurer of said school district, under section 805, revised 
codes. 

Note 25. ALIENS NOT ENTITLED TO A CERTIFICATE OR 
PERMIT. — Under section 842 a county superintendent is forbid- 
den to issue a certificate or permit to teach to any party who is 
not a citizen of the United States unless he has resided in the 
United States one year last prior to the time of such application 
for such certificate or permit. A declaration of citizenship 
alone does not entitle one to either certificate or permit. 

Note 26. Section 309 provides for the designation of an ac- 
counting officer for each public institution and defines his duties. 

Note 27. Sections 5124 and 5125 pertaining to holidays are as 
follows: 

Sec. 5124. HOLIDAYS. — Holidays are every Sunday; ttie first 
day of January, which is New Year's day; the twelfth day of 
February, which is the birthday of Abraham Lincoln ; the twenty- 
second day of February, which is the birthday of Greorge Wash- 
ington; the fourth day of July, which is the anniversary of the 
Declaration of Independence; the twenty -ififth day of December, 
which is Christmas day; the thirtieth day of May, which is Mem- 
orial day; every day on which an election is held throughout the 
state, and every day appointed by the president of the United 



178 GENERAL SCHOOL LAWS, 

States or by the governor of this state for a public fast, tlianks- 
giying or holiday. 

Bee. 5125. WHEN FOLLOWING DAY HOLIDAY.— If the 
first day of January, twelfth day of February, the twenty-second 
day oif February, the fourth day of July, the thirtieth day of May, 
or the twenty -fifth day of December falls upon a Sunday, the 
Monday following shall be the holiday. 

Note 28. Section 340 relating to bonds by officers, is as fol- 
lows: 

Sec. 340. Each civil officer elected by the people or appointed 
iby the governor or by any other authority, provided by law, ex- 
cept the governor and the officers and members of the legislative 
assembly, judges of the supreme and district courts, county com- 
missioners, court stenographer, the mayor and aldennen in cities. 
the president and trustees in callages, but including township 
treasurers,, clerks, justices of the peace, and constaibles, shall, 
before entering on his duties, give a bond conditioned for the 
faithful and impairtial discharge of the duties of his office, (nam- 
ing it full}'), and render a true accoiunt of all moneys and prop- 
erty Oif every kind that shall come into his hands as such officer 
and pay over and deliver the same according to law. 

Note 29. Section 342, relating to approval of bonds, is as fol- 
lows : 

Sec. 342. APPROVAL OF BONDS.— The bonds of all state 
and district officers shall be given to the state, shall be approved 
'by the governor as to sufficiency, and by the attorney general as. 
to form and such bonds and a duplicate original of the oaths of 
all such officers shall be deposited in the office of the secretary 
of state. The secretary of state shall keep a book in which shall 
be made a correct copy of such bond, which shall be called the 
'''bond record" and, when siuch bonds shall have been recorded, 
they shall be deposited with and kept on file in the office of the 
state treasurer, except the bond of the state treasurer which 
ishall ibe deposited with and kept on file in the office of the state 
auditor. The secretary of state and state treasurer on receipt 
of such bonds shall issue a receipt therefor and such receipt shall 
be filed in the office of the state auditor. Th^ bonds of all 
eounty, township and municipal officers shall be given to the 
county; those of all comnty and municipal officers under the 
county shall be approved by the state's attorney as to form and 
Iw the board of county commissioners as to sufficiency, and such 
ibonds and a dupMcate original of the oaths of office of all other 
such officers shall be filed with the coointy auditor, except the 
bond and oath of such auditor, which shall be filed with the clerk 
of the district court for the county or judicial subdivision. The 



STATE OF NORTH DAKOTA. 179 

ibonds of township officers sliall be approved by tlie cliairman of 
the board of supervisors of the township. 

Noite 30. The use of lignite coal is made obligatory by the fol- 
lowing section: 

Sec. 1030. PUBLIC INSTITUTION'S TO USE.— The various 
state institutions, county buildings and public schools of this 
state shall use for fuel native or lignite coal, and it shall be un- 
lawful for any officer to purchase for use in such institutions, 
county buildings and public schools any coal other than that 
taken fro'm the mines within the boundaries of the state. This 
section shall not be construed, however, as prohibiting the use 
of wood at such institutions, county buildings and public schools, 
when the coist thereof does not exceed native coal. 

Note 31. Section 370 authorizes the superintendent of public 
instruction and other state officers to appoint deputies and pre- 
scribes manner of appointment. 



180 GENERAL SCHOOL LAWS, 



APPENDIX E. 



SCHOOL CALENDAK. 



JANUARY. 



First Monday (odd numbered years) — Terms of office of state 
superintendent and county superintendent begin. Section 638. 

Second Tuesday — Regular meeting of district school board. 
Section 681. 



FEBRUARY. 



Third Monday — Apportionment of state tuition fund. Section 
711. 



MARCH. 



Second Friday — County examination for teachers. Section 
740. 



APRIL. 

Second Tuesday — Regular meeting of district school board. 
Section 681. 

MAY. 

Last Friday — Cotunty examination for teachers. Section 740. 
Third Monday — Apportionment of state tuition fund. Section 
711. 

JUNE. 

District clerks to take enumeration before June 20. Soction 707. 

At least fifteen days before third Tuesday — ^District school 
board designates polling place and causes three notices of election 
to be posted. Section 674. 

Third Tuesday — Annual school election at 2 p. m. Section 
670 and 674. 

Within five days after annual election — Clerk to furnish each 
person elected a written notice of election. Section 677. 

Within ten days after annual election — District clerk forwards 
to county superintendent a certified list of all officers elected. 
Section 677. 

Thirtieth — School year ends. Section 749. 



STATE OF NORTH DAKOTA. 181 



JULY. 

1st — 'School year begins. Section 749. 

1st — Assessor furnishes school district clerk, county superin- 
tendent and auditor the amount of assessed valuation. Section 
724. 

Second Tuesday — ^Regular meeting of district school board. 
Section 681. ■ 

Second Tuesday — District school board organizes and elects a 
president and clerk. Section 680. 

Second Tuesday (on or before) — ^School treasurer gives bond 
and qualifies. Section 684. 

Before 20th — District school board and board of education levy 
tax. Section 699 and 721. 

Immediately thereafter — District clerk and clerk of board of 
education notify county auditor the amount levied. Sections 
721 and 801. 

AUGUST. 

15th (on or -before) — County superintendent transmits annual 
report to superintendent. 

Third Mondav — Apportionment of state tuition fund. Section 
711. 

Last Friday — County examination for teachers. Section 740. 

OCTOBER. 

Second Tuesday — Regular meeting of district school board, 
Section 681. 

Last Friday — County examination for teachers. Section 740. 

no"v:embbr. 

1st — (on or before, in even mumbered years) — ^Superintendent 
makes report to the governor. Section 635. 

First Tuesday after first Monday (in even numhered years) — • 
Election of superintendent and county superintendent. Sec- 
tions 622 and 638. 

Third Monday — Apportionment of state tuition fund. Section 
711. 

DECEMBER. 

Isit — Special and independent districts make enumeration of 
school children in the district. Section 707. 

Before 20th — District clerk and clerk of board of education for- 
ward to county superintendent enumeration of school children. 
Sections 707 and 716. 

31st— (on or before in even numbered years) — The report of the 
state superintendent is printed. Section 636. 



INDKX. 



I N D K X. 



ACCOUNTS— Section Page 

County treasurer to keep with school corporations . . . 719 47 

Form of, for district treasurer 717 46 

ACTION— 
Attorney General begins to collect on investments, 

when 175 136 

Child labor, for employment of, how brought 762, 764 64 

Co'mpulsory attendance law, for violation of, how 

brought 761, 764 63, 64 

District treasurer rafusing or neglecting to pay funds 770 65 

who may institute 689 36 

Trespass upon school and public lands 229 153 

ADJUTANT GEiNERAL— 

Muskets, ito furnish for university 896 106 

ADJUSTEBS— 

(See Board of Adjusters.) 

ADVERTISING— . 

(See School and Public Lands.) 

AGE— 

Requisite, for holding county ceiitificate 740, 741 55 

Requisite for holding county certificate, first grade. . . . 742 56 

Requisite for holding normal certificate 738 54 

School, compulsory attendance 759 62 

deaf children 759 62 

AGENT— 

(See Commissioner of University and School Lands.) 

AGRICULTURAL COLLEGE— 

Additional buildings and improvements 131 

Agricultural and geological survey 116 

Board of trustees, appointment of 936 112 

compensation of 938 118 

duties 939 113 

experimental station, conducts 939 113 

directs 947 115 

faculty, employs 939 113 

funds, duty regarding 939 113 

meetings 938 113 

oath of office 937 113 

officers of 938 113 

report, to make 945 114 



186 INDEX. 



AGRICULTURAL COLLEGE— Continued.— Section Page 

Board of trustees, salaries, fixes 941 114 

superintendent of construction, employs 9.39 113 

term of 936 112 

Course of ins'truction in 940 113 

Experimental station, grants by congress accepted .... 948 115- 

objects of 947 115 

reporfts of 945 114 

Faculty, how constituted 942 114 

president's duties 943 114 

reports, to make 944 114 

Graduates may receive honorary degrees 940 115 

Land grants for, accepted 948, 949 115 

Location of 934 112 

Management of 935 112 

Reports of officers and how distributed 944, 945 114 

Treasurer, bond 937, 950 113, 115 

not to be a member of board of trustees 937 113 

State auditor to pay over funds 156 

ALIEN— 

Certificate not to be granted to 742 56 

ANNEXATION— 

County commissioners may annex districts, when. .662, 663 26, 27 

APPEAL— 
Superintendent of public instruction prescribes form 

of 629 19 

To county superintendent, from decision of school offi- 
cers or boards , 644 22 

To superintendent of public instruction 029, 644 19, 22: 

examination, applicant for certificate 741 55 

notice tO' be given 741 55 

requirements 644 22' 

APPORTIONMEINT— 

County tuition fund, county superintendent makes.... 722 49' 

Slate tuition fund, county superintendent makes 647 23 

superintendent of public instruction makes, when... 711 43 

Tuition funds, basis of (see Funds) 715 45 

APPRAISAL— 

(See Board of Appraisers.) 

APPROPRIATION- 

Aid for classified high schools 870 99' 

Hoard of university and school lands, expenses 235 155 

Bonds, interest on and expense of fi-'chase by board 

of university and school lands 178 137 

For selling school land 156 

Geological survey 904a 108 

School lands, lease of, adve-ntising, etc 234a 155 

State educational library 866 98- 

State institute fund 756 61 

Superintendent public instruction, expenses 637 20 

Traveling libraries 625 18- 



INDEX. 187 



ARBITRATIOiN— Section Page 

Law of, apiplicable to all districts 735 53 

In certain cities 862 96 

(See board of Arbitration.) 

ASSBSSMEiNT— 
(See Taxes.) 

ASSESSORS— 

Deaf and dumb children reported by 961 120 

Maps of school districts furnished by county superin- 
tendent 643 22 

School and public lands, report on 213 148 

Valuation, to furnish district clerk 724 50 

ATTENDANCE— 

Compulsory, age for 759 62 

length of time required ; 759 62 

when required 759 62 

who exempt 759 62 

Penalty for failure to comply with law 760 63 

for failure of officers to enforce law 761 63 

ATTORNEY GENERAL^ 

Board of university and school lands, member of .... 169 133 
Funds, permanent and institution, insititutes civil ac- 
tion to collect 175 136 

Prosecutes for trespass on school and public lands .... 233 154 

AUDITOR- 

(See State Auditor and County Auditor.) 

BANK— 

Bond as depository for sinking fund 779 68 

BIBLE— 

Not sectarian book 754 60 

BLANKS— 

County superintendent to distribute 641 21 

Superintendent of public instruction to prepare 625 18 

BLIND ASYLUM— 

Board of trustees, ajppointment of 968 123 

comipensation of 970 124 

duties of 972 124 

meetings 970 124 

oath of office 969 123 

organization of 969 123 

quorum 969 123 

reports to make 973 125 

term of 968 123 

Land grants, proceeds of, appropriated for 971 124 

Location of 967 123 

Management of 967 123 

BLIND CHILDREN— 

Governor to provide care and instruction for 973a 125 



188 INDEX. 



IBOARD QF ADJUSTERS— Section Page 

How composed 725 50 

Levies tax to pay indebtedness of district, when. , . . 725 50 

BOARD OF APPRAISERS— 

Appraisal to make, when 183, 218 138 

time in which made after receiving notice 183 138 

Comipensation of 138, 218 138 

Member of 183 138 

Penalty for making false reports 183 138 

Report of appraisal, to make 183 138 

BOARD OF ARBITRATION— 

Appointment of 731 52 

County superintendent member of 731 52 

County treasurer member of, when 731 52 

Duties of .732 52 

La/w applicable to all districts 735 53 

Special districts 807 80 

Tax levied by 733,735 52, 53 

collection of 734 52 

BOARD OF BDUCATION— 

Closets and privies, to furnish 874 100 

Compulsory attendance, duties regarding 759 62 

Flag, to 'purchase 865 98 

Text-books, may furnish, free 863 97 

Cities other than independent and special districts, 

election of. in 856 95 

how conducted 858 95 

officers serve until, when 861 96 

term of 857 95 

Independent districts, bonds, determines issue of, 

in 842, 846 90, 92 

books, furnishes when 846 92 

census to take 843 91 

'com;pensation, not to receive 836 89 

contracts, members not to be interested in 836 89 

duties and powers, generally 839, 846 89, 92 

election of 832 87 

how conducted 833 88 

meetings 837 89 

members to visit schools 847 93 

oath of office' 83.5 88 

officers of 835 88 

official designation of S35- 88 

ordinances and regulations, re'ports on to city 

council 846 92 

penalty for refusal to serve on 854 94 

powers of 846 92 

pupils, suspC'nsion and expulsion of 846 92 

quorum 832 87 

records of received in court 838 89 

Independent districts, revenues, duties as to expendi- 
tures of 849 93 

seal of 838 89 

secretary, election of 838 89 

compensation fixed by board 838 89 

duties of 838 89 



INDEX. 189 



BOARD OF EDUCATION— Continued— Section Page- 
Independent districts, tax levied by 839 89 

purposes for which levied 839 89 

term of 832 87 

tuition, may charge non-resident pupils 848 93. 

vacancy in, how filled 834 88 

Special districts, to take census in 716, 797 46, 76 

clerk, appointment of 794 75 

compensation of 794 75. 

duties of 796 76 

contracts, members not to be interested in 792 75. 

how made 802 78 

elecition of 790, 808 75, 80 

election, appoints officers of 811 81. 

designates polling places for 811 81 

notices of 809, 810 80' 

meetings of 793 75 

otB.ce, term of 791 75- 

oflicers of 794 75 

when chosen 794 75- 

powers and duties, generally 797 76 

president, duties of 795 76; 

proiperty, may require transfer of 788 74- 

control of after equalization 806 79 

ipupil, may expel or suspend 797 76 

quorum 791 75 

report to county superintendent 797 76' 

schools, supervision of 799 78 

seal 78T 74.- 

superintendent, may emiploy 797 76 

tax levies, when SOI 78 

taxes, may refund or correct, when 720 47 

teacher, may exact qualifications for, when 797 76 

term of office S08 80 

territory, may attach to, when 786 73 

treasurer of city, ex-officio 803 79* 

tuition, may charge '<'97 76 

vacancy in office, how filled S14 81 

BOARD OF MANAGBMBNT OF NORMAL SCHOODS— 

Appointment of 909 109 

Commission 910 109 

Compensation of 911 109 

Duties and powers of 914 110 

How constituted 90S 108 

Management of schools, by 907 108' 

Oath 909 109 

Officers of 909 109 

Term of 909 109 

(See also Normal Schools.) 
BOARD OF TRUSTEES— 

Agricultural college, appointment of 936 112 

compensation 938 113 

duties 939 113 

meetings 93S 1 13 

oath of office .* 937 113 

officers 938 113 

term" 936 112: 

(See also Agricultural College.) 



190 INDEX. 



BOARD OF TRUSTEES— Continued.— Section Page 

Blind Asylum, appointment of 968 123 

compensation 970 124 

duties 972 124 

meetings 970 124 

oath of office 969 123 

officers 969 123 

term 968 123 

(See also Blind Asylum.) 

Deaf and dumb asylum, appointment 952 118, 

appointment 952 118 

compensation 958 119 

duties 956 119 

meetings 953 119 

oath 954 119 

officers 953 119 

term 952 118 

(See also Deaf and Dumb Asylum.) 

Industrial school, apipointment 976 125 

bond 978 126 

compensation 977 126 

meetings 977 126 

oath 978 120 

officers 977 126 

term 976 . 125 

(See also Industrial School.) 

Normal Schools, appointment 908 308 

commissions 910 109 

compensation 910 109 

governor, member 908 108 

meetings 911 109 

oath 909 109 

officers 908, 910 108, 109 

superintendent of public instruction, member. . . . 908 108 

term 909 109 

(See also Normal Schools.) 

University, appointment 877 101 

comipensation 891 105 

meetings .879, 880 102 

officers 878 101 

powers and duties 878, 881 101, 102 

quorum 879 102 

reports, to make 883 '103 

secretary, duties 878 101 

term 876 101 

(See' also University.) 

BOARD OF UNIVERSITY AND SCHOOL LANDS— 

Advertising, approves bills for 234 155 

Agent, may apipoint for selecting and leasing land . . 170 134 

Appraisal, new, ordered when 195 143 

to equalize 218 150 

Appropriation for expenses of 235 155 

Bonds, appropriation for interest on and expense of 

purchase of 178 137 

Bonds, may purchase 172 134 

Certifies to governor fulfillment of contract before 

patent to issue 205 145 



INDEX. 191 



BOARD OF UNIVBRSITY AND SCHOOL LANDS— 

Continued. — Section Page 

Commissioner of, aipipointment, bond 170 18 1 

'Custodian of abstracts and conveyances 214 MS 

deputy, appoints with consent of 181 137 

duties 1S4, 284b 139, 155 

leases of lands, to conduct • 221 151 

term ISO 137 

vacancy 179 137 

Contracts, may cancel, when 200 1 44 

Control of school and public lands 170 134 

County auditor certifies sales to , 190 141 

County comimissioners, notification by, of funds to 

fix bond of county treasurer 209 1 47 

Expenses, appropriation for 235 155 

incidental, how paid 177 136 

Funds, permanent school and institution, authority 

to invest 172 134 

how invested 172 134 

subject to order of 174 135 

Lands, causes to be appraised, when 183 138 

certified for sale 1S4 139 

commissioner controls, subject to 1S2 137 

list of sold, to be furnished county treasurers .... 212 148 

may withdraw offers to sell when ] 89 141 

subdivided by when 194 142 

Leases, advertisement of lands for 220 150 

approval of 224 152 

confirmation of and contracts for 224 152 

selection of lands for 284b 155 

Members of, who are 169 133 

Meetings at which school funds may be invested .... 172 134 

regular 171 134 

special 171 134 

Officers of 169 163 

Patents, issuasce of under seal 205 145 

Permanent and institution funds, invests 170 134 

Permits, may sell to cut hay or remove down timber 228 153 

Powers of, generally 170 134 

Quorum 171 134 

Real property, controls grant of 1883 170 1 34 

Records, bonds 173 135 

mortgages 173 135 

open for inspection . 173 135 

-permanent funds 173 135 

signed by officers 173 135 

Sales of school and public lands, approves 191 141 

offers for resale, when 201 144 

postponement of, when 188 141 

to publish notice of 185 140 

Secretary, reports of investments of permanent funds 1 73 135 

records to keep 173 135 

School funds to be loaned 172 134 

appraised value of lands as security 172 134 

may be paid, when 172 134 

loans made on, time to run 172 134 

vote to invesit, how taken 172 134 



192 INDEX. 



BOARD OP UNIVBIRSITY AND SCHOOL LANDS— 

Continued — Section Page 
State treasurer to collect permanent school and insti- 
tution funds 175 136 

to keep peirmanent and institution funds subject to 

order of 174 135 

to keep regisiter of bonds purchased by 176 136 

Surveys may order, when 193, 194 142 

BOiNDS— 

Appropriation for interest and expenses of purchase 

of by board of university and school lands 178 137 

Bank to give as depository for sinking fund 779 68 

Contractor to furnish for building school house .... 783 70 

Indiustrial school, board of trustees may issue 980 327 

Official, board of trustees. Industrial school 978 126 

comimissioner of university and school lands 170 134 

deputy 381 137 

county superintendent of schools 

amount (note 2, p. 172) 343 372 

approval (note 29, p. 178) 342 178 

county treasurer to give for funds received from 

sale of school and public lands 209 147 

duty of county auditor regarding 689 35 

sichool officers, where filed 689 35 

treasurer 684 33 

amount of 684 33 

approval of 684 33 

treasurer city, tO' give as treasurer of board of 

education in indepiendent distriiuis . . . . , 844 91 

treasurer city, town or village to give as treas- 
urer board of education in special districts. . 805 79 
superintendent public instruction (Note 2, p. 172) 343 172 

Public officers to take from contractors 4802 162 

School bonds, board of university and sichool lands 

may purchase 172 109 

certificate of county auditor must be attached to. . 778 Q'f 

form of . 778 67 

certificate of debt limit necessary (Note 23, p. 177) 2057 177 
state treasurer custodian of, purchased by board of 

university and school lands 174 ' 135 

general district, auithority of board to issue, when 775 66 

cancellation and record of . . . .' 782 70 

" certified copy of proceedings to issue to be filed 

with county auditor 778 67 

denomination of 777 67 

election to vote new, may not be ordered when . . 776 66 

notice to state what 776 66 

petition for necessary 776 66 

interest, rate of and when payable .777 67 

law relating to, how applicable 784 70 

limit of issue 777 67 

negotiated how 780 69 

purposes for which .may issue 775 66 

record of 778 67 

sinking fund to be provided ,. 779 68 

tax levy made for, by county auditor, when 781 70 

time to run 777 67 



INDEX. 193 



■BONDS— Conitinued.— Section Page 
School bonds, independent district, amount to be is- 
sued determined by board of education 846 92 

authority of board of education to issue when. . 842 90 
certificate of debt limit necessary (Noite 23, p. 

177) 2057 177 

certified copy of proceedings to be filed with 

county auditor 778 67 

denominations of 842 90 

board of education determines 846 92 

election to vote, notice of 776 66 

petition 776 66 

interest payable when 842 90 

fund for payment of 842 90 

rate of 842 90 

law relating to, how applicable 784 70 

• purposes for which issued 775 66 

records of 778 67 

sinking fund 842 90 

refunding, authorized 775, 824, 842 66, 84, 90 

exchanged, may be 825 84 

restrictions on issue 824, 826 84 

surplus, transferred, when 827 84 

tax levy made for by county auditor, when .... 781 70 

time to run 824, 842 84, 90 

special districts, certificate of clei'k as to debt limit 

and issue ". 816 82 

certificate of debt limit necessary (Note 2.3, p. 

177) 2057 177 

denomination of 816, 824 82, 84 

election, called when 816 82 

how conducted 817 82 

notice of 817 82 

how issued , . 816 82 

interest coupons 821 S3 

limit of issue 818 S3 

property pledged for payment of 822 83 

refunding, how exchanged 825 84 

issuance of, by board of education 824 84 

by election 816 82 

sections governing 826 84 

premium received, how applied 825 84 

restrictions on issue 824, 826 84 

surplus, transferred when 827 84 

register of 823 84 

sinking fund, investment of 820 83 

tax levy for, when made- 781, 819 70, 83 

what to specify 818 S3 

special provisions in cities and villages, issue of to 

erect school buildings 2474 159 

election for, by provisions df charter 2475 159 

by special, how called 2475 159 

how conducted 2475 159 

notice to contain what 2475 159 

refunding, authority to issue 2483 160 

denomination of 2484 160 

execution of by city ofiicers 2486 160 

how issued 2484 160 



194 INDEX. 



BONDS— Continued.— Section Page 

School bonds, special cities and villages, refunding, 

interest fund for 2487 161 

records of 2486 160 

sinking fund levied for 2488 161 

restrictions as to sale 2475 159 

BOUNDARIES— 

Conformity with congressional township lines 660 25 

County commissioners may re-arrange 660, 666 25, 28 ■ 

How changed 667 29 

Independent districts 831 87 

New districts 661 26 

Not changed when 659 25 

BRANCHES OF STUDY— 

Additional, county superintendent determines 698 38 

district school board determines 698 38 

Alcohol, its effects 750 59 

Enumerated, for examination for certificates 741 55 

In schools classified by high school board 868, 869 98 

In special districts 797 76 

List of, to be taught 750 59 

Narcotics, effects 750 59 

CENSUS— 

Board of education takes 716 46 

District organized under special law 707 42 

General districts, when taken 707 42 

Indeipendent districts, when taken 707, 843 42, 91 

Newly organized districts to take 714 45 

Report of, when filed 707 42 

Special districts, to take 797 78 

when taken 707 42 

Who to be enumerated 707 42 

CERTIFICATE— 

Attendance at school required, when 762 64 

County superintendent grants on examination 740 55 

Diplomas equivalent to first grade 738 54 

Drawing, vocal music, and kindergarten may be 

granted 741 55 

Examinations for issuance of 741 55 

Expiration of, teachers to finish term when 747 58 

Fee for county 743 57 

Fees for issuance of noirmal and professional ...... 739 54 

Graduates of university entitled to when 889 105 

Normal, graduates of noirmal department of univer- 
sity, etc 738 54 

granted to graduates of normal schools 738, 922 54, 112 

Pr.Tfessional, examination for 737 53 

graduates of university entitled to, when 737 53 

may be revoked, when 737, 739 53, 54 

requirements of applicants for 737 53^ 

Questions used in examination for, prepared by su- 

. perintendent of public instruction 626 18 

Renewal of first grade 742 56 



INDEX. 



195 



CERTIFICATE— Continued. Section 

Revoked by county superintendent for cause 7-1.-i 

Teachers exempt from holding in certain cities 742 

must hold 695, 797 

Teachers exempt from holding in certain cities, not 

entitled to compensation when not holding.... 746 

proiceedings to revoke 745 

When revoked _ 648 

CLERK— 
Board of education, bonds, certificate of debt limit 

make 816 

bonds, register of to keep 823 

certifies election of ofScers to county superinten- 
dent 813 

duties, general 796 

election of 794 

election, to sign notice for 809 

salary of 794 

tax levy, certifies to county auditoir 801 

District school board (general district) appointment 680 

bonds, cancelled, duty regarding 782 

record to keep 778 

certificates of election, issues to officers 677 

compensation 683 

duties of 683 

duty, penalty for neglect of 765 

duty in case of tie vote 676 

election, penalty for making false returns of 766 

to be clerk of 675 

to sign notices of 674 

enume;ration takes T07 

ofiiceTS, files list of elected with county superin- 
tendent 677 

reports, makes annual, when 707 

penalty for making false ./ T60 

teachers, to be filed with 748 

tax levy, notifies county auditor of 699, 721 

vacancy in office of, how filled 729 

COLLEGE O'F ARTS 885, 886 

OOLLEiGE OE LETTERS 885, 886 

COMMISSIONER OE UNIVERtSITY AND SCHOOL LANDS— 
Abstracts and conveyances of title to be deposited 

with 214 

Appraisal, prepares list for 183 

Appraisement, directs 183 

Appropriation for salary and expenses of oflBce 235 

Contracts, duty as to cancelled 200 

ConJtracts. of sale, executes 182 

issues new, for, when 199 

prepares, when 191 

Deputy, appointment and bond, of 181 

Fees for leasing, collects 234b 

Lands, conducts sale 182, 186 

designates time of sale 184 



Page 

57 

56 

37, 65 

58 
58 
23 



82 
84 

81 
76 
75 
80 
75 
78 
32 
70 
67 
32 
33 
33 
64 
32 
65 
31 
31 
42 

32 

42 
63 
58 
38, 48 
51 

103, 104 
103, 104 



148 
138 
138 
155 
144- 
137 
143 
141 
137 
155 
137, 140 
139 



196 INDEX. 



COMnvnSSIOiNBR OP UNIVERSITY AND SCHOOL 

liANDS — ^Continued. — Sectioii Page 

Lands, leasings, conducts 182, 221 137, 151 

lists for sale forwarded county auditor when 

offered 184 139 

, when sold ., 207 146 

icounty treasurer 212 148 

Lands, maps of, for record, when made 196 143 

offers for sale, when 187 140 

Oath and bond of 170 134 

Records toi keep 1 82 137 

Report, makes through board 182 137 

Salary 182 137 

School fund, determines amount to be loaned on 

mortgages 1 72 134 

Seal of office 382 137 

Seizes property in case of willful trespass 231 154 

Surveys, causes to be made, when 194 142 

Term l'J'9 137 

COMMISSIONERS ON PREPARATORY SiCHOOLS— 
(See High Schools and High School Board.) 

COMPULSORY ATTENDANCE— 
(See Attendance.) 

CONSOLIDATION OF SCHOOLS— 
(See Schools and Election.) 

CONSTITUTIONAL PROVISIONS— 

Legislative assembly not to pass special laws 69 7 

Election and qualifications of superintendent of 

ipublic instruction 82 7 

-Salary of superintendent of public instruction 84 - 7 

Qualified electors 121-127 8 

Qualification of women for voting and for holding 

office 128 8 

Instructions for legislative action 148, 151 9 

iMoney from school lands, how controlled and 

used 152-154 9 

School lands, when and hoiw to be sold 155, 158 10, 11 

Board of university and school lands consists of 

whom 156 10 

Board Of appraisal consists of whom 157 10 

State to make good any losses 153, 159 9, 11 

School lands, how leased 161 12 

Money from school lands, how to be inveslted 162 12 

Debt limit of school districts 183 13 

Public institutions locaJted 215, 216 14 

'CONTRACTS— 

Advertising, to let, when 774 66 

Board of education not to be interested in 792-836 75, 89 

Industrial school, trustees not to be interested in 979 127 

Lands, assignee may have same rights as purchaser of 198 143 

comimissioner university and school lands, duties. 182 137 

division of • 199 143 



INDEX. 197 



CONTRACTS— Continued.— Section Page 

Lands, sale of, entitles possessor to what 197 143 

lien executed 191 141 

voidable, when 200 144 

School corporations may enter into 668 29 

School houses, not to be let withoult advertising 783 70 

Sealed bids for, when required 802 78 

Teachers, 'ceritificates, not required to hold in certain 

cities to make 742 56 

miust be in writing 695 37 

terminalted by revocation of certificate 744 57 

to contain provisions as to discontinuance 704 40 

void, except in centain cities 742 57 

Text books 863 97 

To be in writing, when 802 78 

COURSE OF STUDY— 

(See Superintendent of Public Instruction, Schools.) 

COUNTY AUDITOR— 

Board of adjusters, member of 725 50 

Board of appraisers, member of 183 138 

Bond district treasurer, filed with 689 35 

Bonds of school dis)tricts, to certify to 778 67 

Deaf and dumb children, reports number to principal 

of school for 961 120 

District clerk, notified by, when funds paid to district 

treasurer .- 718 47 

to notify of tax levy ; 699 38 

Institute funds, draws warrants on 646 22 

Leasing school and public lands, compensation for. . 221 151 

duty as to 224 152 

Plats of districts to furnish 669 29 

Proceedings of board in organization of districts re- 
corded by 669 29 

Receipts for colleotion of school funds, to forward 

duplicate 211 148 

Sales of school and public lands, compensation for. . 190 141 

duties regarding 190 141 

execution of contracts 191 141 

to give notice of 185 140 

Tax, levy of independent districts, extends 840 90 

of special districts, extends 801 78 

levied by board of arbitration, duties 732 52 

levies poll and two mill 722 49 

levies to pay bonds, when 781 70 

notice of levy to be mailed to 721 48 

Training school fund, duties 757 61 

Tuition fund, certifies amount of county to county 

superintendent 722 49 

COUNTY COMMISSIONERS— 

Approves bond of county superintendent (Note 29, 

p. 178.) 342 178 

Chairman of board, member board of appraisers .... 183 138 
Deaf and dumb children, may provide transporttation 

and levy tax for, when 963 120 



198 INDEX. 



COUNTY OOMMISiSrONERJS— Continued.— Section Page 

Districts, boundaries of, rearranged by 666 28 

divided by, when 662, 663 26. 27 

imay detach territory from special on petition .... 786 73 

to change boundaries oif, on petition 667 29 

to organize on petition 660 25 

Fund, institute may appropiriate for 758 62 

Office for county superintendent to furnish 651 23 

Vacancy in office of county superintendent fills 727 51 

COUNTY SUPERINTENDENT— 

Appeals, from decision of to suiperintendent of public 

instruction 644 22 

Appoirtions county tuition fund 722 49 

poll tax 722 49 

staite tuition fund 647, 715 23, 45 

Blanks, distributed by 641 21 

iprovide for, at expense of county 308 158 

Board of adjusters, member of 725 50 

Board of appraisers, member of 183 138 

Board of arbitrators, member of 731 52 

Board of education, report to 797 76 

Bond, amount (Note 2, p. 172) 343 172 

approved (Note 29, p. 178) 342 178 

approves district treasurer's, when 684 33 

Census, report of newly organized districts 714 45 

Certificate, teacher's, revo'ked by, when 648, 744 23, 57 

notice of, to be given district clerk 744 57 

Classification by teacher, to decide, when 753 60 

Decide questions in controversy 644 22 

Deputy, appoinitment of 652 23 

Districts, assists in rearrangement of boiundaries, of 666 28 

duties in organization of 660 25 

high school, duties regarding 706 41 

treasurer, to begin action against on bond, when. 689 35 

to require additional bond, when 685 34 

Duties, refusal to perfo^rm, penalty 306 158 

Election, clerk certifies to, in special districts ..638, 813 20, 81 

duties regarding firsit, for officers 671 30 

Examination for teachers' certificaites, conducts .... 740 55 

Expenses, office 651, 652 23 

Fees collected, disposal of 646 22 

General duties 639-640 21 

Institute fund, county, report to make to superin- 
tendent of public instruction 641, 755 21, 61 

Instructions of superintendent of public instruction, 

duty regarding 641 21 

•Maps of districts, when furnished 643 22 

Meetings of, with suiperintendent of public instruc- 
tion 6.32 19 

Meetings with school officers and with presidents of 

hoards 643 22 

Mileage <5f>2 23 

Notice of institute and training school, to give 751 59 

Oaths, power to administer 645 22 

Office, cause for removal from 656 25 

who may hold 672 29 

Officers, appoints for first election 671 30 



INDEX. 199 



COUNTY SUPERINTEaSTDEINT— Continued.— Section Page 

Permits, may issue 741 55 

Profession, not to engage in, when 65.5 24 

to engage in, permissible, when 657 25 

Qualifications 653, 654, 672 24, 31 

Records, school visits to keep 640, 642 21 

Report to superintendent of public instruction 649 23 

Salary of, not paid until report made out 649, 652 23 

Seal ■ 642 22 

Schools, jurisdiction 639 21 

in special districts 799 78 

visitation of 640 21 

School lands, member of board of appiraisers 183 13 

Teachers, :meetings. to hold 641 21 

reports, duties regarding 748 58 

Teaching not to engage in 654, 657 24 

Term of office of 638 20 

Tuition fund, apiportions 647, 715 23, 45 

Vacancies, fills in office of director 728 51 

district treasurer 728 51 

in office of. how 727 51 

Who not qualified to vote for 638 20 

COiUNTY TREiASURBR— 

Account to keep with school corporations 719 47 

Board of adjusiters, member of 725 50 

Board of arbitration, member of 731 52 

Bond to give for funds from sale of school and piublic 

lands 209 147 

Deaf and dumb children, collects for clothing fur- 
nished 962 120 

District treasurer, performs duties of, when 084 33 

Fees entitled to for collection of funds from sale of 

school and public lands 210 147 

Funds due independent districts, paid to treasurer, 

when 843 91 

Funds paid to dis'trict treasurer, notice to be given. . 718 47 

Institute fund, keeps G46 22 

Permits to cut hay or sell down timber, sells 228 153 

Taxes collected by, for district 720 47 

Tuition fund, reports to state auditor 711 43 

election of 711 43 

DBIAF AND DUMB— 

Assessor to report to county auditor 961 120 

DEAF AND DUMB ASYLUM— 

Board of trustees, appointment 952 1 18 

coimpensation 958 119 

duties and powers 956 1 19 

funds, control 955 119 

meetings 953 1 19 

imembers to take oath 954 119 

officers 953 1 19 

duties 9.54 119 

organization 953 119 

quorum 953 119 

reports • 966 121 



200 INDEX. 



DEAF AND DUMB ASYLUM— Continued.— Section Page 

Board of trustees, term of office 953 llO' 

Children required to attend 759 62 

Clothing for children, when furnished 962 120 

Faculty, matron's duties 965 121 

principal's duties 964 121 

qualifications 964 121 

salaries 964 121 

Location 951 118 

State auditor to pay over funds 156 

Transportation of children to, when provided hy 

icounty commissioners 963 120 

Tuition charged non-resident children 959 119 

free 960 120 

DEBT LIMIT— 

Debt limit S18 8S 

(See also bonds.) 

DEBTS— ' 

Independent districts assume of old, out of which 
formed 855 95 

DEEDS— 

(See Board of University and School Lands.) 

DEPOSITORIES— 

Sinking Fund, how designated 779 68 

DEPUTY— 

Commissioner of university and school lands 181 137 

County superintendent 652 23- 

Superintendent public instruction, (Note 30, p. 149) 

DIPLOMA— 

(See Normal School.) 
(See University.) 

DIRECTOR— 

Election 670 , ^ 

Term 670 30 

Vacancy in office of, how filled 728 51 

DISTRICTS— 

Division of, into special and common 71 

DISTRICT CLERK— 

(See Clerk School Board, General District.) 

DISTRICT HIGH SCHOOLS— 

(See High Schools, High School Board.) 

DISTRICT SCHOOL BOARD— 

Action against for permitting funds to be expended, 

when 709 42 

Apparatus and sup-plies to furnish 694 36 

Bonds to issue, when 775 66 

Branches of study, determines what additional .... 698 38 



INDEX. 201 



DISTRICT SCHOOL BOARD— Continued.— Section Page 

Census to take 707 42 

Closets and privies to furnish S74 100 

Contracts, dismisses teacher for violation of 695 37 

Dictionary to furnish 694 36 

District high school, management of 706 41 

District treasurer, action on bond by 6S9 35 

Election, called by, on petition to establish school . . 703 39 

called to establish district high school 706 41 

icalls to vote on consolidation of schools 704 40 

called by to vote on school houses and sites. . . .701, 703 39 

Flag, to purchase 865 98 

General duties 691 36 

Liability of for permitting other than English lan- 
guage to be taught 709 42 

Library, m^ay establish, and pay for withO'Ut vote, 

when 694 36 

Meetings of 681 33 

Officers of 680 32 

Organization of 680 32 

Pupils, assignment and distribution of among 

schools ; 696 37 

expulsion of 697 38 

non-resident, may admit 696 37 

suspension of 697 38 

Quorum 679 32 

Real property, extent of to hold, and title to, how 

acquired 702 39 

Records of, open to inspection 708 42 

Sinking fund, to levy 779 68 

Schools, authority over 759 62 

fixes terms 704 40 

may discontinue, when 704 40 

may make rules and regulations for 697 38 

to establish 692 36 

to o^rganize on petition, when 703 39 

School houses, advertising for proposals to build . . . 783 62 

may permit use of, when 700 38 

Stables and hitching posts 43 

Tax, amount of levy 699 38 

levied when 699, 721 38, 48 

may abate 699 38 

Taxes, refunded or corrected, when 720 47 

Teachers, to co-operate with 697 38 

to employ 695 37 

Text books, free, may furnish 863 97 

Treasurer, settlement with, when made 717 46 

Tuition, may charge non-resident pupils 696 37 

Vacancy in office of 728 51 

Vacancy in office of, how filled 728 51 

in office of district clerk, fills 729 51 

DISTRICT TRBIASURER— 

Accounts, form for keeping 717 46 

Action against on bond commenced by whom (Note 

13, p. 146) 689 35 

Bond, not entitled to receive money when not filed. . 714, 45 

amount of 684 33 



202 INDEX. 



DISTRICT TREASURER— Continued.— Section Page 

Bond, additional when required 685 34 

vacancy in office when failure to give additional . . ' 685 34 

surety 685 34 

County treasurer acts, when 684 33 

funds not payable to, when 718 47 

controlled by 713 44 

Funds, levied by board of arbitration, receives ..... 734 52 
Misdemeanor, guilty of on endorsement and payment 

of warrants, when 771 65 

Reports published 686 35 

Salary of 690 36 

Settlement with, when made 717 46 

Sinking fund, liability removed on depositing in de- 
positories 779 68 

Vacancy in office of, how filled 728 51 

Warrants, register of endorsed, to keep 687 35 

endorsement of 687 35 

ELECTION- 

Board of education 808, 8-58 80, 95 

notice 809,810 80 

Bonds, for voting (see Bonds) 776 66 

Certificates of 677, 813 32, 81 

Consolidation of schools, to vote on 704 40 

County superintendent 638 20 

Date of annual 674 31 

District high schools, to establish 706 41 

How conducted 676 32 

Independent district, date of 833 88 

for organization 828 86 

officers of, compensation 833 88 

votes, how canvassed 833 88 

Judges of 675 31 

Library, to purchase 694 36 

Notice 674 31 

Notice of to be furnished officer 677 32 

Oath .675, 678 31, 32 

Officers of 670 30 

qualifications of 672 31 

to take oath 811 81 

Penalty for making false return 766 65 

Petition for, to establish district high school 706 41 

Polling places, how established 671 30 

Polls open,, when 673 31 

Qualifications of voters 672 31 

Superintendent of public instrudtion 622 17 

School hoiuses and sites to vote on, how called, can- 
vass 701, 703 39 

Special districts, bonds 816 82 

for organiza/tion of 789 74 

returns, how canvassed 812 81 

to becoime general, when 807 80 

tie vote, procedure 676 32 

Votes, how canvassed 676 32 

Who not qualified to vote for county superintendent 638 20 

EMBiEZZLEiMENT— 

Offi'cer, when guilty of 769 65 



INDEX. 203 



EMINENT DOMAIN— Section Page 

Right of (See Property, Real.) 

ENGLISH LANGUAGE— 

Records to be kept in 709 42 

ENUMERATION— 
(See Census.) 

EXAMINATION— 

Appeals from, in marking of papers 741 55 

Certificates for, when held 740 55 

QiieSitions for to be prepared by superintendent of 

public instruction 626 18 

(See also Certificates and Teachers.) 

EXPEiNSEiS— 

Superintendent of public instruction, how paid 637 20 

EXPERIMENTAL STATION— 
(Se© Agricultural College.) > 

EXPULSION— 

Causes for 697 38 

EQUALIZATION— 

(See Board of Arbitration.) 

FACULTY— 

(See Agricultlral College, University -o>f North Da- 
kota, etc.) 

FEES— 

Appeal in examination papers prescribed for 741 55 

Centificaite, county 743 57 

professional and normal, how used 739 54 

County treasurer entitled to for collection at funds 

from the sale of public lands 210 147 

School and public lands leased, to be paid 234b 155 

FELONY— 
. OflBcer making false election returns guilty of 766 65 

FINES— 

Imposed for removing furniture f roim school house . . 700 38 

(See also Penalty.) 

flag- 
To be furnished each s^chool 865 98 

Penalty for not complying with law regarding .... 865 98 

FORFEITURES- 
(See Penalty.) 

FORM— 

County auditor's certificate to district school bonds 778 67 

District treasurer's accounts 717 46 

Election board of education 810 69 



204 INDEX. 



FORM — Continued. — Section Page 

Endorsement of warrants 687 35 

Notice of tax levy 721 48 

Notice of annual election 674 31 

Oath, for election officers 675 31 

FREE PUBLIC SCHOOL SYSTEM— 

denned 17 

FUNDS— 

Account of, how kept 713^ S45 44 91 

Agricultural college ' 939 ' i^g 

Bonds, for redemption of, when transferred 827 84 

Conductor of training school to file statement with 

county auditor 757 qi 

County treasurer, to pay, when 718 47 

Deaf and dumb asylum 95.5 II9 

Defined 712 44 

District treasurer, when paid to 718 47 

Drawing from county treasury, unlawfully 768 65 

How paid out by treasurer 686, 804, 845 35, 79, 91 

How used 712 44 

Industrial school 981, 983 128, 129 

Institute 646 22 

county auditor's duties 757 61 

county, amo'unt arising from revenue fund 757 61 

commissioners may appropriate for 758 62 

duties of county auditor regarding 646, 755 22, 61 

fee for county certificate paid into 743 57 

horn expended 755, 757 61 

training schools may be used for, when 757 61 

what constitutes 755, 757 61 

state, appropriation for 756 61 

Investment of special school district 84 

Normal schools 912 110 

School and institution, board university and school 

lands may invest 170, 172 134 

consists of, what 215 148 

county auditor to report, when 211 148 

county treasurer to give bond for, when 209 147 

co'unty treasurer to verify report of county auditor 211 148 

damages for trespass, paid into 232 1.54 

duties of state treasurer 174, 175 135, 136 

Sinking, board of education may invest 820 83 

county auditor to levy tax, when 781 70 

depositories for, how designated ■. . . . 779 68 

interest on 779 68 

Sinking, levy for 779, S19 80, 83 

842, 2488 90, 161 

State lecturer, appropriation for 756 61 

Training school, fee for county certificate paid into. 743 57 

Treasurer, action against for funds 770 65 

annual statement of. to publish 686 35 

Tuition, county, county superintendent apportions . . 715 45 

state, apportionment of, when made '. 715 45 

districts not entitled to, when 714 45 

enumeration necessary to share in 714, 843 45, 91 

how raised 710 43 



INDEX. 205 



FUNDS — Continued. — Section Page 

Tuition, state, superintendent of public instruction 

apportions 711, 71.4 

University of Nortti Dakota 882 

Use or loan of, is embezzlement , 769 

GENERAL DISTRICTS— 

Account with, to be kept by county treasurer 719 

Annexation of school corporations -. 663 

Boundaries, changed on petition 660, 667 

established when, how 660, 667 

not changed by code 659 

rearranged by commissioners . .' 660, 666 

when may be changed 667 

Civil township conforms to in what counties 659 

formed into, when 667 

may consolidate into, when : 664 

County commissioners to annex parts of, to other 

districts, when G02, 663 

Contracts let on proposals, when 774 

legalized, certain 669a 

Corporation distinct from civil township 659 

Designated how 665 

District high school, when established and how con- 
trolled 706 

Division and annexation to other districts 662 

Election, conduct of, and canvass of votes 676 

certificates of 677 

judges and clerks, appointment of 671 

chosen, how 675 

list of persons elected sent to county superintendent 677 

notice of annual 674 

posted 671 

polling places to be designated 671 

polls opened when 673 

tie vote, procedure 676 

violation of law relating to, penalty 766 

voters, qualifications of 672 

Funds (See Funds.) 

Furniture, removal of, unlawful 700 

Indebtedness, equalization of between districts .... 731 

how adjusted when no legal school board exists. . 725 

taxes, levy to pay equalized indebtedness 732 

maximum levy, to pay equalized 733 

proceeds of equalizing, how disposed of 734 

Judgment, tax to be levied to pay 723 

May become part of special, when 807 

Named how 665 

New, when organized 661, 662 

Nuimber of, not changed by code 665 

not to be increased 667 

to be reduced 666 

Officers (See Officers, Treasurer, Directors, District 
Clerk.) 

Organization of 660 

irregularities in, legalized 669a 

requirements for 661 



43, 45 


102 


15 


47 


27 


25, 29 


25, 29 


25 


25, 28 


29 


25 


29 


27 


26 


66 


29 


25 


27 


41 


26 


32 


32 


30 


31 


32 


31 


30 


30 


31 


32 


65 


31 


88 


52 


50 


52 


52 


52 


49 


" 80 


27 


26 


27 


29 


28 


25 


29 


26 



206 INDEX. 



GENERAL DISTRICTS— Continued.— Section Page 

Plats and maps of, furnished to state auditor 669 29 

Powers as a corporation, generally 668 ' 29 

Pupils admitted from other districts 669 27 

enuimeration of, annually 707 42 

new district, by 714 45 

School township, may separate fro^m 660 25 

Territory to be included in organization of 660 25 

Tuition funds,- entitled to 715, 716 45, 46 

enumeration of pupils necessary to share in 714 45 

not entitled to receive, when 714 45 

Warrants, certain, legalized 669a 29 

indorsed, when 687 35 

specify, what 688 35 

What constitutes in civil township 658 25 

(See also Bonds, District School Board, Officers.) 

GEOLOGICAL SURVEY— • 
(See University.) 

GOVERNOR- 

Board of university and school lands, member of . . . 169 133 

Bond, commissioner of university and school lands, 

approves 170 134 

Member high school board 867 98 

Normal schools, member board of trustees 908 108 

Patents to issue for school and public lands, when. . 205 118 

School and public lands, reconveys to the United 

States, when 204 145 

Triistees agricultural college, appoints 936 112 

blind asylum, appoints 968 123 

deaf and dumb asylum, appoints 952 118 

industrial school, appoints • 976 12.:) 

normal schools, appoints 909 109 

university of North Dakota, appoints 877 101 

Vacancy in office of superintendent of public instruc- 
tion, fills , '-6 51 

GRA.DEIS, TEACHERS— 

(See Certificates.) 
GRADUATES— 

(See Agricultural College, University of North Da- 
kota, Etc.) 

HIGH SCHOOLS— 

Aid for not paid to, when 870 99 

how paid 870 99 

to receive for three years 872 100 

Appropriation for classified S70 99 

Board of education establishes, when 797 76 

Classification, requirements for 869 83 

District, election to establish 706 41 

enumeration requisite to establish 706 41 

how established and maintained 706 41 

joint 706 41 

Pupils, requirements for admission to, by classified. 868 98 
Teachers exemipt from attending institutes and train- 
ing schools 751 59 



INDEX. 20T 



HIGH SCHOOL BOARD— SeGtion Page 

Aid, prescribes conditions upon which granted to 

schools 872 100 

Application for classification bj^ schools 870 99 

Appoints inspector, when 870 99 

Assistant examiner, appoints 872 100' 

salary of 872 100 

Discretionary powers of 872 100- 

Expenses of 871 99 

Members of 867 98' 

Records, to keep 873 100 

Reports to make 873 lOO 

Schools, classified, visited by member of 870 99" 

holidays- 
How counted 749 58~ 

Teachers entitled to compensation for 749 58' 

What are (Note 27, p. 177) 5124, 5125 177, 178' 

INDEPENDENT DISTRICTS— 

Bonds, issuance of, authorized (see Bonds.) 842 90 

Boundaries of 831 87; 

Cities governed by 828 86 

Debts, assumed by new district 855 95 

division of, when special district abolished 862 96 

Elections, date, conduct of, canvass of, coimpensation 

of officers 833 88 

Funds how kept and paid out 845 91 

when paid to treasurer 843 91 

Organization of 828 86 

election, notice of, ballots, etc 829, 830 87 

Organized by special act, abolished when 860, 861 95, 96 

Ordinances passed by city council for care of prop- 
erty, etc 853 94 

Pupils, non-resident, may be admitted 848 93" 

Property, not subject to liens 850 93 

real, how conveyed 851 94 

title, vested where 850 93" 

Taxes, amount of, limited 841 90 

collected how 840 90 

lovy to pay bonds 842 90 

Treasurer, bond of 844 91 

city, of, is treasurer of 843 91 

reports to board, contents 852 94 

Tuition funds, entitled to 715, 716 45, 46 

Water closets to be provided 874 100 

(See also Board of Education, Bonds.) 

INDUSTRIAL SCHOOL— 

Board of trustees, accounts, audits 981 128~ 

appointment 976 125 

bond 978 126 

bonds, may issue 980 127 

compensation 977 126 

contracts, members not to be interested in 979 12T 

donations, received by 981 128- 

faculty, appoints 982 129- 



208 INDEX. 



INDUiSTRIAjL SCHOiOiL— Continued.— * Section Page 

Board of trustees, funds, duties 983 129 

rmreetings 977 126 

oath 978 126 

powers 981 128 

reports 983 129 

superintendent of construction, appoints 979 127 

Bonds, interest on, how paid 980 127 

Buildings, construiotion 978 126 

cost limited 978 126 

deed filed, where 979 127 

proposals for 979 127 

iiite 979 127 

Endowment of 975 125 

Faculty, report when 983 129 

Funds, stajte treasurer keeps 981 128 

Location 974 125 

Management 976 125 

Objects 974 125 

Sinking fund, created how 980 127. 

INHABIT'AiNTS— 

District may be formed from districts containing 800, 

when 660 25 

INSTITUTES— 

Attendance of superintendent of public instruction (534 19 

Conductor, salary of 757 61 

County commissioners may aid 758 62 

County superintendent to give notice of . 751 59 

Superintendent of public instruction appoints con- 
ductor 756 61 

(See also Teachers, Funds, Lecturer.) 

INTEREST— 

Warrants endorsed 687 35 

(See also Funds and Taxes.) 

JUDGES— 

(See Elecition.) 

JUDGMENT— • 

Taxes levied to pay 721, 723 48, 49 

LABOR— 

Child, prohibited when , 762 64 

LAND GRANT— 

Agricultural college 949 115 

Blind asylum, proceeds of, appropriated 971 124 

Experimental station . 948 ,115 

Industrial school 975 125 

Normal school 906 108 

!LAW— 

Department of, in state university 890 105 

Independent districts organized under special law 

not to vote for county superintendent 638 20 



INDEX. 209 

LAW— Continued.— Section Page 
Preserved by superintendent of public instruction.. 623 18 
Teachers in cities organized under special law ex- 
empt from holding certificates 742 56 

Secretary of state furnishes copies of, to university S94 106 

X,EiCTURER— 

Institute, appointment of 756 61 

I^IBRARY— 

Appropriation for traveling, establishment Oif 625 IS 

District, list of books for, to be furnished by super- 
intendent of public instruction 625 18 

Educajtional, state appropriation for 866 98 

XJG-NITE COAL— 

Schools, to use (Note 30, p. 179) 1030 179 

MAINTBiNANCE— 

of state educational institutions 130 

MANUAL TRAINING— 
(See Industrial School.) 

MAPS— 

Districts, furnished assessors 643 22 

To be filed in office of superintendent of public in- 
struction 669 29 

MEETINGS— 

District school board, regular and special 681 33 

(See also Elections.) 

METEOROLOGICAL STATISTIOS— 

University to tabulate 900 107 

MILITARY SCHOOL 885 103 

MISDEMEANOR— 

Compulsory law, etc 760, 762 63, 64 

Contracts, letting of without advertising 774 66 

Speculation in office 767 65 

Warrants, indorsement and payment of unpaid, 

when 771 65 

(See Penalty.) 

MORALS— 

Instruction in 754 60 

MORTGAGEIS— 

Board of university and school lands may loan 

school funds on 172 134 

State treasurer custodian of, purchased by university 

and school lands 174 135 

NARCOTICS— 

(See Stimulants.) 
NORMAL COLLEGE 885 103 

(See also University.) 



210 INDEX. 



NORMAL SCHOOLS— Section Page 

Board of management '. 907, 908 108 

(See also Board of Management.) 

Board of trustees, appointment of 907, 909 108, 109 

commissions 910 109 

compensation 911 109 

coiirse of study to adopt 913 110 

faculty, employs and fixes salary of 916 111 

how constituted 908 108 

.meetings of 911 109 

oath of office 909 109 

report, to make to governor 920 111 

secretary, election of 910 109 

salary of 911 109 

term of 909 109 

Buildings, superintendent of construction appointed 

by boaird of management 914 110 

Certificates, normal, granted to graduates of, when. . 738 51 
• Course of study prescribed by superntendent of pub- 
lic instruction 627 18 

Diploma from, equivalent to first grade county certi- 
ficate 738 51 

Endowment 906 108 

Faculty, duties of 917 111 

principal of 918 HI 

to make report to board of trustees 919 111 

Funds, state treasurer to keep separate 912 110 

Graduates of emtitled to state certificate, when 922 112 

diplomas, to receive 921 112 

Location of ' 905 108 

Maintenance 906 108 

Management 907 108 

Objects 913 110 

OATH— 
Administered by county superintendent in ceirtain 

cases 645 2^ 

County superintendent (Note 2, p. 172) 343 1(- 

Director, to take •_ 678 32 

Election officers, by whom administered 675, 811 31, 81 

Member board of education to take 815 82 

Office, where filed 689 ^35 

Trustees industrial school 978 1-6 

Trustees blind asylum 969 1-3 

Treasurer 684, 805, 844 33, 79, 91 

OFFICE— 

(Sipe titles pertaining to officers.) 

OFFICER— 

Board of education, how chosen 794 75 

County superintendent subject to removal, when . . . 656 25 
District treasurer, misdemeanor in neglect of duty as 

to warrants, when 771 65 

District, notice of election to be furnished 677 32 

oath to take 678 , 32 

Embezzlement of funds 769 65 

Felony, guilty of, when 766 65 



INDEX. 211 



OFFICER— Continued— Section Page 

Meetings with, arranged by county superintendent. . 643 22 

Penalty for neglect to perform duties of office 765 64 

Penalty for failure to enforce compulsory law 761 63 

Reports, penalty for making false 772 . . 66 

School, reports of where filed 642 21 

Speculation, penalty for in office 767 65 

OFFICERS— 

Director, election 670 30 

term , 670 30 

District clerk, oath where filed 689 35 

(See Clerk.) 

District school board , 679 32 

oath where filed , 689 35 

president, duties of 682 33 

election of 680 32 

salary of 681 33 

District treasurer, bond of 684 83 

bond, additional 685 34 

where filed 689 35 

duties 686, 687 35 

Oiath for election 675 31 

Treasurer, election 670 SO 

term 670 30 

ORAL INSTRUCTION— 

Teacher to give in what branches 750 59 

PATENT'S— 

(See School and Public Lands.) 

(See Board of University and School Lands.) 

PENALTY- 

Board of appraisers subject to for false reports 183 138 

Certificate revoked when teacher negleots instruction 

in physiology, etc 648 23 

Compulsory attendance, prosecutions, how brought 764 64 

violation of law of 760, 761 63 

County superintendent, removal from office, when. . 656 25 

Delinquent taxes, how applied 720 47 

Election returns, for making false 766 65 

Flag, not complying with law 865 J)8 

Member board of education refusing to qualify 854 94 

Money, unlaiwful drawing of 768 65 

Officer, neglect to perform duties of office 765 64 

Ordinances, relative to school property 853 04 

Persons employing child labor 763 64 

Physiology and hygiene, neglect to teach 648 23 

Reports, for making false 306, 772 15.=^, 66 

School, for disturbing .' 773 66 

School officers, for failure to provide closets and 

privies 874 100 

School and public lands, cutting hay before July 1. . 227 153 

cutting or removing timber from 225 152 

iplowing or cultivating, when 226 153 

trespass upon 230, 231 154 

Teachers' meetings, failure to attend 641 21 



212 INDEX. 



PEiRMlTS — Section Page 

County superintendent may issue 741 55 

Limit as to number of T41 55 

(See Certificaites.) 

(See COimmissioner University and School Lands, 
School and Public Lands.) 

PETITION— 

Additional school term, for 705 41 

Bonds (see also Bonds) 776 66 

County commissioners, may detach territory from 

special districts . 786 73 

to divide districts on 663 27 

Districts, boundaries changed on 667 29 

Election to change special district 807 80 

Election to organize independent district 828 86 

Not applicable to organized school, when 703 39 

Organization of district, for 660 25 

Special district to organize 789 74 

Text books, to furnish 864 97 

(See also Election, School.) 

PLATS— 

County auditor to furnish, of districts 669 29 

POLLING PLACES— 

Firsit election, how established 671 29 

(See Election.) 

PROPERTY— 

Exempt from execution, lien 850 93 

Real, amount of, district may hold 702 39 

for what used • 702 39 

title reverts, when 702 39 

title vested in independent districts 851 94 

School corporation may hold or use 668 29 

Special districts pledged for payment of bonds 822 83 

Title to may be acquired by proceeding' in eminent 

domain 702 39 

PUPILS— 

Classes, assignment to 753 

Not required to be present during reading of Bible . . 754 

Suspension and expulsion of 697, 752 

797, 846 

Transportation of arranged for 704 

Tuition may be charged 696, 848 

QUALIPICATIONS— 

County superintendent 653, 672 

Officers 672 

Superintendent of public instruction 622 

Teachers 742 

QUOiRUM— 

(See titles pertaining to Institutions and Board.) 





60 




60 


38, 


60 


76. 


92 




40 


37, 


93 


24, 


31 




31 




17 




50 



INDEX. 213 



RECORDS— Section Page 

Commissioner university and school lands, to keep. . 182 137 

To be kept in English language 709 42 

REGISTER— 

Teachers, what to contain 748 58 

REPORT— 

Biennial of superintendent of public instruction. .635, G3(i 20 

Board of education to make to county superintendent 797 76 

Board of trustees, agricultural college, to make 945 114 

blind asylum to make 973 125 

deaf and dumb asylum to make 9G6 121 

university to make 903 108 

what to contain 883 103 

Commissioner of university and school lands to 

make 182 137 

County superintendent, what to contain and when 

made 649 23 

District clerk to make 707 42 

District treasurer's published 686 35 

Faculty agricultural college to make 944 114 

High school board to make 873 100 

Industrial school, board of trustees to make 983 129 

faculty to make 983 129 

Normal schools, faculty to make 919 111 

trustees to make 920 111 

School ofBoers, where filed 642 21 

Teachers to- make 748 58 

where filed 642 21 

Treasurer, independent district to make 8.52 94 

Treasurer's publication of 717 46 

« 

RESIDENCE— 

Certificate, to obtain 742 56 

RULEiS— 

Examination, prescribed by superintendent of public 

instruction, for 626 18 

SALARY— 

Commissioner of university and school lands 180 137 

District treasurer 690 36 

County superintendent 652 23 

how determined 652 23 

not paid when 649 23 

Deputy co'unty superintendent 652 23 

Officers of district school board 681 33 

Superintendent of public instruction 637 20 

Teachers, ceases on discontinuance of school 704 40 

how graded 695 37 

last month's not paid when 748 58 

SALEIS— 

(See Commissioner of University and School Lands, 
School and Public Lands, Board of University and 
School Lands.) 



214 INDEX. 

SCHOOL AND PUBLIC LANDS— Section Page 

Abstracts and conveyances of title to be deposited 

with commissioner of 214 148 

Appiraisal ] S3 1 30 

equalization of 21S 150 

for leases 218 150 

new, when made . 195 143 

returns of 218 150 

value of pasturage , 208 146 

Appraisers, who are members of 183 138 

Assignee of purchaser, rights of 198 143 

Attorney general, duty regarding actions, etc 233 154 

Coal lands cannot be sold 216 149 

Co'm;missioner of university and school lands, duties 

regarding ] 82 137 

Contracts, divided when 199 143 

execution of 191 141 

fees for issuance of new, divided 199 148 

new may be issued, when 199 143 

new not to issue, when 199 143 

payments on to county treasurer 208 146 

surrendeir of 199 143 

Controlled by board of university and school lands. . 170 134 

County auditor clerk of sale 190 141 

duties and compensation for leasings 221 151 

to forward receipts to state auditor of collections. 211 148 
County treasurer, bond to give for funds collected 

from sale of 209 147 

fees entitled to for collection 210 147 

remits collections, when 208 146 

permits to cut hay or remove down timber, sells. . 228 153 

Damages, recovery for, how disposed of 232 154 

Examination of, by assessors, and fees f&r 213 148 

Fee remains in state until contract performed 202 145 

Hay not to be cut from before July 1 227 153 

Lease, adjournment of 218, 223 150, 152 

advertisement for 220 150 

approval of, by board of university and school 

lands 224 152 

contracts for 224 152 

cancellation of. for cultivated 217a 149 

cultivated lands 217, 217a 149 

expenses how paid 234 155 

fees for service 234b 155 

fees paid to county treasurer 234b 155 

forfeited when 225, 226, 227 152, 153 

how made 221 151 

lands subject to 217 149 

onade by whom . . . .1 — 221 151 

payments on 222 151 

selection for 219 150 

term of 217, 217a 149 

when foirfeited .• ^ 201 144 

when may be made without advertising 224 152 

Lists sold to be furnished county treasurer 212 148 

Map of small parcels recorded 196 143 

Ndtice to piurchaser when contract void 200 144 



INDEX. 215 



SCHOOL AND PUBLIC LANDS— Continued.— Section Page 

Patents, record of 206 146 

Patents for, when and how issued 205 145 

Permits may be sold to cut hay or remove down 

timber 228 153 

Purchaser, rights of under contracit 197 1.43 

Quantities to be sold 21P) 149 

Rconveyance to the United States 204 ' 145 

Recovery of possession by state 203 145 

Redemption from forfeited contracts 201 144 

Resale of 187, 201 140, 144 

Sale, adjournment of 184, 188 139, 141 

confirmation 190 141 

contracts, voidable when 200 144 

county auditor, clerk of 190 141 

expense of, hoiw paid 234 155 

funds from, what go into general or current fund 215 148 

lots 195 143 

manner of 186 140 

principal from, held inviolate 215 148 

ipiublication of notice of 185 140 

terms of 187 140 

void, when 192 142 

Seizure and sale, property unlawfully severed, when 231 154 

terms 187 • 140 

withdrawal of lands from 189 141 

Subdivided into small parcels, when 194 142 

Surveys of, expenses of, how paid 193, 194, 195 142, 143 

Taxation of, after sale 207 146 

Tax sale, purchaser acquires w^hat rights by certifi- 
cate of 207 146 

Timber, lessee not to cult or remove lumber from . . . 225 152 

Title in state until contract performed 202 145 

Trespass, civil action for 229 153 

damages for, paid to state treasurer for general 

fund 232 154 

penalty for 230, 231 154 

sitate's alttoirney to prosecute when 233 154 

what is willful 230 154 

Trespassers on when terms of contract not co^mplied 

with 202 145 

Uncultivated, penalty for plowing or cultivating. .. . 226 153 

lessee not to plO'W or cultivate 226 _ 158 

OSee also Board of University and School Lands, 
Commissioner of University and School Lands, 
Funds.) 

SCHOOLS— 

Alcoholic drinks, instruction as to effects of 648 23 

Bible, not sectarian book 754 60 

Branches of study, additional determined by county 

suiperintendent and district school board 698 38 

in schools classified by high school board 868, 869 98 

in special districts 750, 797 59. 76 

list of, to be taught ' 750 ' 59 

Child labor prohibited during school hours 702, 764 64 

Classification as high school, requisites for 869 98 

Consolidation of . . . 704 40 



216 INDEX. 



SCHOOLS— Continued.— Section Page 
Course of study presicribed by superintendent of pub- 
lic instruction for 627 18 

Discontinued when 704 40 

Disturbance of, penalty for 773 66 

District high school, how established and controlled 706 41 

District school board to establish 692 36 

District school board may discontinue 692 36 

English language to be taught exclusively 709 42 

Free text books may be furnished for, and how. .863, 864 97 

Health and decency, regulations for '. . . 874 100 

High schools, what may be classiiled as 868 98 

Holidays, what are (Note 27, pp. 177, 178) 5124, 512.5 177 

Holidays and Sundays, not taught on 749 58 

Libraries, list of books furnished by superintendent 

of public instruction 625 18 

■circulating, provided how 625 18 

Lignite coal, to use (Note 30, p. 179) 1030 179 

Notice of comimencing, given by teacher 746 58 

Organized on petition, when 703 39 

Petition to organize, when not applicable 703 39 

Physical education to be taught in 754a 60 

Supervision over by superintendent of public in- 

sitruction G23 18 

Supplies to be ifurnished for, by superintendent of 

public instruction 625 18 

Teacher not entitled to compensation for teaching 

on legal holidays or Saturday 749 59 

Visitation of, by county superintendent 040 21 

Water closets to be provided for 874 100 

Who may attend "59 02 

SCHOOL CORPORATION— 

Authority of 668 29 

Territory that may be organized into 660 25 

(See also Districts.) 

SCHOOL FOR DEAF— 

Children required to attend 759 62 

(See also Deaf and Dumb Asylum.) 

SCHOOL HOUSE— 

District school board may allow use of, when 700 38 

Election to establish site for 701, 703 39 

Penalty for removing furniture' from, a misdemeanor 700 38 

Proposals to- build, advertisement for 783 67 

Sites, board o>f education may obtain 797, 846 76, 92 

obtained by district school board, when 703 39 

title to how acquired 702 39 

SCHOOL LAW— 

To be provided by superintendent of public instruc- 
tion 631 19 

(See also Law.) 

SCHOOL OF MINES 885 103 

SCHOOL MONTH— 

Defined 749 58 



INDEX. 21T 

SCHOOiL TERM— Section Page 

Increased on petition '''05 41 

Lengtti of, and liow fixed ^04 40 

Maximum length of '''05 41 

Special district, maximum '^9'^ '"• 

SCHOOL TOWNSHIP 658, 659 25 

SCHOOL WEEK— 

Defined "^49 58 

SCHOOL YEAR— 



When closes 



749 58 



21 

19 



SEAL— 

Board of education . ^^"' 838 74, 89 

County superintendent 64^ 

Superintendent of public instruction 633 

SBORETARY BOARD OP EDUCATION— 

(See Board of Education, Independent Districts.) 

SECRETARY OP STATE— 
Board of university and school lands, member of. .. 169 133 

Bond, commissioner university and school lands, 

records 1^0 134 

Laws and supreme court reports, furnishes univer- 
sity 894, 895 



106: 



SINKING FUND— 
(See Funds.) 

SITES— 

(See School Houses.) 

SPECIAL DISTRICTS— 

Adjacent territory, how attached 786 . 73 

Board of arbitration 807 80 

Bonds (See Bonds, Special Distridt) 

Cities governed by law relalting to 785 71 

Debt limit 818 83' 

Division of 71 

Election, board of education, time, notice, etc .... 808, 810 80 

officers 811 81 

voting . precincts, how designated 811 81 

returns, how canvassed 812 81 

certificates 813 81 

to becomei general disitrict 807 80 

Equalization debts and piroperty 806 79 

High school established, when 797 76 

Name 787 74 

Organization 789 74 

Powers of 787 74 

Property, conveyance of, made 788 74 

Records open to inspection 796 " 76 

Schools, open to whoim 797 76 

length of terms 797 76 

Tax levy 801, 819 78, 83 

Taxes, payable to treasurer 800 78-' 



218 INDEX. 



SCHOOiL DISTRICT'S— Conftinued.— Section ?age 

Taxes, levy certified to county auditor 801 78 

proper^ty subject to 800 78 

Treasurer, bond . 805 79 

cusitodian of funds 798 78 

duties ■ 804 79 

who is 803 79 

Tuition funds, entitled to 715, 716 45, 46 

STATE AUDITOiR— 

Deaf and dumb school certificates, issues when 966d 122 

Board of university and school lands, naembeir of . . . 169 133 

School funds, authority to draw warrants on 176 136 

Tuition fund, staite, duties as to 711 48 

reports to superintendent of public instruction. . 711 43 

Warrants, industrial school, draws 977 105 

to draw for salary of institute and training school 

conductor 757 61 

STATE REFORM SCHOOL— 

Erection of buildings 129 

STATE TREASURER— 

Bond, commissioner of university and school lands, 

filed with 170 134 

Bonds, purchased by board of university and school 

lands, custodian of 174 135 

Funds, permanent school and institution collects . . . 175 136 

permanent school keeps 174 135 

Reporit to board of university and school lands 175 136 

STATE UNIVERSITY— 
(See University.) 
(See also Branches of Study.) 

STIMULANTS 648, 750 23, 59 

STUDIES— 

Assignment of 753 60 

SUPBRINTEflSTDENT— 

Board of education may employ 797 76 

Schools, supervision of 799 78 

SUPEIRINTBNDENT OF PUBLIC INSTRUCTION— 

Appeals from county superintendents, decided by... 629 19 

forms for prescribed by 629 19 

on examination papers 741 55 

general authority of 629 19 

Apportions state tuition fund 711, 714 43, 45 

Board of university and school lands, member of . . . 624 18 

secretary of ] 69 133 

Census, prescribes forms for 707 42 

Certificates, authority to revoke 739 54 

normal, issued by 738 54 

prepares questions for examination for 736 53 

professional, issued by 737 53 

County institute fund, may require statement of . . . . 758 62 

County superintendent, advised and counseled by. . 629 19 

to meet with 632 19 



INDEX. 219 



SUPEIRINTEND'ENT OF PUBLIC INSTRUC- 

TIION — Continued. — Section Page 

County superintendent, to reporit to (j49 23 

to report county institutes to 755 61 

Courses of study prescribed by 627 18 

Deputy, appointment of (Note 31) 370 179 

secretary of board of university and school lands, 

when ] 69 133 

District libraries, furnishes list of books for 625 18 

Duties generally 634 19 

Elecition of 622 17 

Endorses diplomas of graduates of university, when 889 105 

Expense, traveling 637 20 

Institute conductors, appointment of 756 61 

lecturer, appointment of 756 61 

Institutes and training schools, prescribes rules for. 628 19 

Library, state, keeps 866 98 

Normal schools, member board of trusitees 908 108 

president board of trustees 908 108 

Office of where held 622 17 

Percentage required to issue county certificates, pre- 
scribes 741 55 

Qualifications of 622 17 

Questions for teachers' examinations, prepared by. . 626 18 

Record, official acts kept by 630 19 

Repont, what to contain 635 20 

when made 635 20 

Salary of • . 637 20 

Schools, supervision of 624 18 

School law, duty to cause printing and distribution 

of 631 19 

opdnions on, to give 629 19 

Seal of office to be kept 633 19 

State high school board 867 98 

Supplies furnished by 625 18 

Teachers, examination by 626 18 

institutes, to attend and assisit at 634 19 

reading circle, prescribes course of study for 628 19 

Term of office P22 17 

Vacancy in office of, how filled 726 51 

Text books, publishers must file samples and prices. 863 97 

to furnish certified copy of prices 863 97 

To preserve books, maps, etc 62.3 18 

Traveling library, to approve bills for 625 18 

to be established by 625 18 

SUPPLIES— 

Furnished by superintendent of public instruction. . 625 18 

SUPREME COURT REPORTS— 

Secretary of state furnishes foir university 894 106 

SUSPENSION— 

Oause for, notice of, and time 697, 752 38, 60 

TAXES— 

Board of adjusters levies, when 723 49 

Board of arbitration levies 732, 733 52 

Board of education levy to pay bonds 801, 819 78, 83 

839, 842 89, 90 



220 INDEX. 



TAXES— Conitinued.— Section Page 

Golleoted, hoiw and when 720 47 

Collection of in independent disitriot 840 90 

County auditor to extend levy for judgments on 'tax 

lists 723 49 

County tuition fund 722 49 

Delinquent prior to 1899, how apportioned 722 49 

Disitriclt school board tO' levy 699 3g 

Independent district, amount of levy 841 90 

Judgment, tax to be levied to- pay 723 49 

Levied by district board, when 721 48 

Levy, for all purposes of equalization, maximum .... 735 53 

for sinking fund 779. 819 68, 83 

842, 2488 76, 133 

to be certified by district clerk 699 38 

to pay final judgment 723 49' 

Notice of levy, form of 721 48 

Poll, levy and apportionment of 722 49 

Rate of levy 721 48 

Special districts 800, 801 78 

Uniform 723 49 

TEACHERS— 

Branches to teach 7o0 59 

Certificates, applicants for, examined by county su- 
perintendents 740 55 

examination for 736 53 

fees for examination 739, 743 54, 57 

grades 741 55 

centiflcate must hold, except in cities organized un- 
der special laws , 742 .56 

in special district 797 76 

normal, qualifications reiquisite 738 54 

of, revoked for cause 744 57 

or permit must hold 695 37 

proceedings to revoke 745 58 

professional, qualifications requisite 737 53 

requisites 741 55 

revocation for failure to give certain instrudtion. . 648 23 

revocation of (terminates contract 744 57 

Compensation not entitled to, when 747 58 

Contracts, to teach, void if not qualified 742 57 

District school board may dismiss when not holding 695 37 

Duties of 746, 747, 748, 750 58, 59 

Holiday, entitled !to compensation for 749 58 

How grades of, established 741 55 

Institutes and training schools, attendance at, re- 
quired 751 59 

penalty for failure to attend 751 59 

who exempt 751 59 

Meetings of, penalty for failure to attend 641 21 

to be held for by county superintendent 641 21 

when excused from attending 641 21 

Permits to teach, when may be granted 741 55 

Pupils, suspension for cause 752 60 

Qualifications of 742 56: 

Report to make in duplicate to county superin- 
tendent 748 58. 



INDEX. 221 



TEACHERS— Continued.— Section Page 

Register, to keep 748 58 

what to contain 748 58 

Salary ceases on discontinuance of school 704 40 

Salaries, how graded 695 37 

School, not to teach on legal holiday or Sa:turday. . . 749 58 
to give notice of beginning and closing to county 

superintendent 740 58 

Who not eligible in certain cities 859 95 

TEACHERS' READING CIRCLE— 

Fees, collected for proifessional and normal certifi- 
cates 739 54 

TERM— 

Office of county superintendent 638 20 

Office of superintendent oif public instruction 622 17 

Special district, maximum 797 76 

(See Schools, Officers, Etc.) 

TERRITORY— 

District, extent of, to form 661 26 

School corporation, that may be organized into (Note 

7, p. 173) 660 25 

TEXT BOOKS— 

Boards of education may furnish 863 97 

Contracts for 863 97 

District school board may furnish free 863 97 

How paid for 864 97 

May be loaned, or sold at cost 863 97 

Petition to furnish free 864 97 ' 

Publisher must file samples and prices with superin- 
tendent of public instruction 863 97 

TITLE— 

Real propertty, to, how acquired 702 39 

(See Schools and Public Lands.) 

TOWNSHIP— 

Civil, miay be organized into school district . 660 25 

Congressional to be organized into district, when . . . 667 29 

Consolidation of civil into district, when 664 27 

TRAINING SCHOOLS— 

Counlty superintendent to give notice of 751 59 

(See Teachers, Institutes, Etc.) 

TRAINING SCHOOL FUND— 
(See Fund.) 

TREASURER— 

Agricultural college, bond 937, 950 113, 115 

not to be a member of the board 937 113 

Board of education, treasurer of city 803 79 

iHdependent disitricts, funds, how kept and paid out 845 91 

reports 852 94 

Reports, made how and when 717 46 

to be published 717 46 



222 INDEX. 



TRELAjS'URBiR — Continued. — • Section Page 

RepoTts, to show what 717 46 

Special districts 798 78 

bond of -805 79 

duties as to interest coupons 821 83 

duties of 804 79 

office vacant, when 805 79 

vacancy in office, how filled 805 79 

To receipt for vouchers 717 46 

TRUSTEES— 

(See Board of Trustees.) 

TUITION— 
District school board, may charge non-resident 

pupils 696 37 

not to charge, when 696 37 

non-resident deaf and dumb children 959 99 

TUITION FUND— 

Apportion-ment of (347 23 

County, how and when apportioned 722 49 

tax levy for 722 49 

Districts entitled to 715, 716 45, 46 

How paid to counties 711 43 

Special, transfeiTed to state, when 712 44 

what constitutes 712 , 44 

State apportionment by county supierintendemt, when 715 45 

apportionment of 710, 711 43 

collection of 710 ■ 43 

district not enititled to, when 714 45 

special fund transferred to 712 44 

unused, reverts to state treasury when 711 44 

what constitutes , 710, 712 43 

Treasurers to keep^ separate account of 711 43 

(See also Funds.) 

UNIVERSITY— 

Board of trustees, compensation of 891 105 

college may make part of 882 102 

faculty, elects 881 102 

salary, fixes 893 106 

finances, control of 882 102 

geological map to be caused to be made 902 107 

geological survey, extent of 898, 899 107 

how appointed 876, 877 101 

meetings 879, 880 102 

meteorological statistics to tabulate 900 107 

officers 878, 879 101 

powers of 878 101 

quorum 879 102 

reports to make 883 103 

annual, and what to contain 883, 903 103, 108 

rules and by-laws 892 105 

specimens to collect 901 107 

Bonds 133 

Certificates,, professional, granted to* graduates, when 737 53 

purposes to be used. 712 44 

state auditor reports amount, when 711 43 

Certificates, normal, granted to graduates, when .... 738 54 



INDEX. 22^ 



UNIVERSITY— Continued— Section Page 

Departments of 885, 890 103, 105 

Faculty, powers and duties of 884 103 

Graduates entitled to endorsement of diploma 889 105 

Location of 875 101 

Muskets furnished by adjutant general 896 106 

to be returned when called for 897 106 

Normal department, diploma from, equivalent to 

first grade county certificate 738 54 

special agreement to enter 892 ' 107 

Object of 885 103 

Scandinavian language to be taught 887 104 

Secretary of state furnishes laws and supreme court 

reports 894 106: 

Students, who may become 888 105 

Tuition, free to whom 890 105 

UNORGANIZEiD TERRITORY— 

Pupils residing in, when not to be charged tuition. . 696 37 

UNORGANIZED TOWNSHIP— (Civil) 659 25- 

VAOAlNCY— 

Apipointments to fill for, how long valid 726, 727, 728 51. 

County superintendent, office of, how filled 727 51. 

District treasurer, office how filled 728 51 

How caused 730 51 

Office, board of education, how filled 814, 834 81, 88 

director, how filled 728 51 

district clerk, how filled 729 51 

district treasurer, on failure to give additional 

bond 685 84 

superintendent of public instruction, how filled. . 726 51 

VALUATION 

Assessors to furnish district clerk, when 724 50 

Amount necessary to form new district 660, 661 25, 26- 

VOTING— 
(See Election.) 

WAGES— 

(See Salary, Teachers.) 

WARRANTS— 

Certain, legalized 669a 29- 

District treasurer, when to endorse 687 35 

Endorsed, when to pay 687 35. 

Fund on which drawn, designated 688 35 

Interest on endorsed 687 35 

Misdemeanor, endorsemenit and payment of, when. . 771 65- 

Received for collection of taxes 719 42 

Specify what 688 35- 

When drawn 688 35- 

WOMEN— 

Eligibility to office 672 31, 



LIBRARY OF CONGRESS 

020312 228 7 1 




